[2019] KEHC 525 (KLR)
The court found that the pre-bail report was favourable to the accused and that the prosecution's objections did not amount to compelling reasons to deny bail. The accused's right to bail under Article 49(1)(h) of the Constitution was upheld, as there was insufficient evidence that he would interfere with witnesses...
Source-derived case information.
- Citation
- [2019] KEHC 525 (KLR)
- Parties
- Respondent: Republic; Defendant: Joshua Kileru Munjure
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 81 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted
- Legal Topics
- Bail and Bond, Murder Charges, Compelling Reasons, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joshua Kileru Munjure
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to release on bond pending trial for murder.
- 2 Whether there are compelling reasons to deny the accused bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the pre-bail report was favourable to the accused and that the prosecution's objections did not amount to compelling reasons to deny bail. The accused's right to bail under Article 49(1)(h) of the Constitution was upheld, as there was insufficient evidence that he would interfere with witnesses or abscond. The court balanced the seriousness of the charge with the accused's constitutional rights and the positive pre-bail report, concluding that bail should be granted with appropriate conditions to ensure attendance at trial.
Court Disposition
bail granted
Orders
- The accused may be released on bond of Kshs.1,000,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO 81 OF 2019
REPUBLIC...............................................PROSECUTOR
VERSUS
JOSHUA KILERU MUNJURE..................... ACCUSED
RULING
The accused Joshua Kileru Munjure is charged with the offence of murder contrary to section 203 as read with section 204 of Criminal Procedural Code particulars are that Joshua Kileru Munjure on the 30th day of September, 2019 at Muriri Market, Muthara Location in Tigania East Sub-County within Meru County murdered James Mutembei Mwongera.
Upon taking plea the accused applied to be released on reasonable bond terms but PC James Wanjohi by affidavit sworn on 5th November, 2019 objected to the accused persons release on bond for reasons the accused person escaped after committing the offence on 30th September, 2019 until on 12th October, 2019 when Ex-chief Julius of Muthara lured hom arrest. It was also averred that the accused was a dangerous man who always walks when arrmed and was having a pending case of injuring animals in Tigania CR. C. No/098 of 2019.
It was claimed that if released the accused may interfere with witness. The accused in Replying Affidavit sworn on 19th November, 2019 and said he had been in custody since 12h October, 2019 and there was no reason to continue holding him. He said his continued remand is harassment by the police and that there are no compelling reasons to deny him his constitutional rights under Article 49(1) (h) of the constitution. He said that he has relatives who were ready to stand surety and guarantee he attendance in court.
This court called for Pre-bail Report which findings are favourable for release of accused person on bond. In the circumstances accused may be released on bond of Kshs.1,000,000 with one surety of a similar amount.
HON. A. ONG’INJO
JUDGE
28/11/2019