[2021] KEHC 4603 (KLR)
The court held that the accused is presumed innocent at this stage and is entitled to bail unless compelling circumstances exist. As the prosecution did not oppose the application and no compelling reasons were presented, the court found no justification to deny bail. The court emphasized the constitutional right to...
Source-derived case information.
- Citation
- [2021] KEHC 4603 (KLR)
- Parties
- Accused: Joseph Njogu Mwangi; Prosecutor: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2016
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted_with_conditions
- Judges
- K Kimondo
- Legal Topics
- Bail Pending Trial, Compelling Circumstances, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Njogu Mwangi
Accused
Republic
Prosecutor
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under the Constitution.
- 2 Whether there exist compelling circumstances to deny bail to the accused.
Ratio Decidendi
The court held that the accused is presumed innocent at this stage and is entitled to bail unless compelling circumstances exist. As the prosecution did not oppose the application and no compelling reasons were presented, the court found no justification to deny bail. The court emphasized the constitutional right to bail and the objective of ensuring attendance at trial. Accordingly, the accused was granted bail with conditions to prevent interference with witnesses and to ensure attendance at all court proceedings.
Court Disposition
bail_granted_with_conditions
Orders
- The accused shall be released upon execution of a bond in the sum of Kshs 300,000 together with one surety of a similar amount.
- The surety shall be examined and approved by the Deputy Registrar of the Court.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO. 19 OF 2016
REPUBLIC...............................................PROSECUTOR
VERSUS
JOSEPH NJOGU MWANGI..........................ACCUSED
RULING
1. The accused prays for bail pending trial. The application is contained in the notice of motion dated 28th February 2018.
2. The motion is not contested by the Republic.
3. The accused is charged for the murder of Edward Muriithi Mburia on 1st September 2016 at Mukuyu Market within Murang’a County. He has been in custody since 14th September 2016. Due to a myriad of reasons, his trial has not commenced.
4. The accused is deemed innocent at this juncture. Under Articles 49 (1) (h) and 50of the Constitution, he has a right to bail unless there are compelling circumstances.
5. Furthermore, the overarching objective of bail is to ensure the accused attends his trial. Muraguri v Republic [1989] KLR 181.
6. I find that there are no compelling grounds for denial of bail. The accused may be released upon execution of a bond in the sum of Kshs 300,000 together with one surety of a similar amount. The surety shall be examined and approved by the Deputy Registrar of this Court.
7. I attach two conditions for his release: Firstly, he shall not have any contact with witnesses. Secondly, he must attend all mentions or hearings of this case. In default of any of those conditions, his bond shall stand cancelled; and, the surety shall be called to account.
It is so ordered.
DATED, SIGNED and DELIVERED at MURANG’A this 29th day of July 2021.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
The accused.
Mr. J. Kagwi for the accused.
Mr. S. Mutinda for the Republic.
Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.