[2019] KEHC 5016 (KLR)
The court found that the prosecution did not oppose bail and had no concerns about the accused absconding. The only issues raised were the risk of interference with witnesses and the need for the accused to provide his place of abode. The court determined that these concerns could be addressed by imposing...
Source-derived case information.
- Citation
- [2019] KEHC 5016 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Mwangi Githinji
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted with conditions
- Judges
- AM Cockar
- Legal Topics
- Bail Application, Murder Charge, Pretrial Release, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Mwangi Githinji
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial for murder.
- 2 What conditions, if any, should be imposed to prevent interference with witnesses and ensure attendance at trial.
Ratio Decidendi
The court found that the prosecution did not oppose bail and had no concerns about the accused absconding. The only issues raised were the risk of interference with witnesses and the need for the accused to provide his place of abode. The court determined that these concerns could be addressed by imposing appropriate bail conditions, including requiring the accused to provide particulars of his residence and business, and warning him against interfering with witnesses. Consequently, the accused was granted bail on reasonable terms, with specific conditions to mitigate the identified risks.
Court Disposition
bail granted with conditions
Orders
- The accused may be released on a cash bail of KShs.200,000.
- Alternatively, the accused may be released on bond of KShs.500,000 with one surety of like sum.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT NAIROBI
CRIMINAL CASE NO. 12 OF 2018
LESIIT, J
REPUBLIC..............................................PROSECUTOR
V E R S U S
JOSEPH MWANGI GITHINJI.....................ACCUSED
RULING ON BAIL
1. The accused was arraigned in court on 23rd February, 2018 facing one count of murder contrary to Section 203 of the Penal Code. Plea was not taken until 16th February, 2018 due to delay in having the Mental Assessment done.
2. The accused has applied to be released on bail.
3. The State through Learned Prosecution Counsel Ms. Onunga indicated that the State was not opposing bail. Counsel urged that the accused be made to make an undertaking that upon his release he will not interfere with witnesses and especially the minor witness in the case and further that he should undertake that he will attend court. Learned Prosecution Counsel sought that the court be informed where the accused fixed place of abode was.
4. Mr. Muchiri for the accused in oral submission urged that the accused has been in custody since February, 2018. Counsel urged that the accused had a fixed abode in Nairobi where he intends to live with his sister. He urged that the accused was committed to appear in court when required and promised not to interfere with witnesses.
5. I have considered the application by the defence. I have considered the undertakings made by the defence counsel on behalf of his client including his commitment to attend court, his pledge not to interfere with witnesses including the witness who is a minor.
6. The primary consideration in an application for bail is whether or not the accused person will turn up for his trial. Given the prosecution’s submission, this issue is not part of their concern. There is no worry of accused absconding, fleeing or failing to turn up for his trial. That leaves the court to consider the other minor issues which arise in this case.
7. The prosecution’s concern is about interference with witnesses and accused place of abode. For the first issue raised by the prosecution, the court can impose conditions to reduce any insentive to interfere with the witnesses.
8. As for the second issue of the accused place of abode the accused can be required to give specific particulars of his place of abode and also his place of business.
9. I have come to the conclusion that the accused should be granted bail on reasonable terms.
10. This court will grant bail on the following terms and also require proper and better particulars as follows:
(1) The accused may be released on a cash bail in the sum of KShs.200,000/=.
(2) In the alternative the accused may be released on bond in the sum of KShs.500,000/= with one surety of like sum.
(3) The accused should provide better particulars of his actual place of abode and also place of his business to the Deputy Registrar.
(4) The accused is warned not to interfere with any of the witnesses in this case in the form of covert or overt action whether by himself or through others. He should not approach, call or visit, the potential witnesses in this case.
(5) The accused is warned to ensure he attends court if and when required.
(6) Failure to observe terms and conditions set in (3) (4) and (5) above will result in the bond being cancelled.
DATED AT NAIROBI THIS 10TH DAY OF JULY, 2019.
LESIIT, J
JUDGE