[2015] KEHC 4525 (KLR)
The court found that the accused is entitled to bail as there were no compelling reasons presented to deny it. The pre-bail report from the local administration, deceased's family, and community was favorable, indicating the accused is of good character, not a flight risk, and unlikely to interfere with witnesses....
Source-derived case information.
- Citation
- [2015] KEHC 4525 (KLR)
- Parties
- Respondent: Republic; Applicant: Joshua Mujumbe Bushanga
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- bail granted with conditions
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Trial, Presumption of Innocence, Flight Risk Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joshua Mujumbe Bushanga
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the accused bail under the Constitution.
Ratio Decidendi
The court found that the accused is entitled to bail as there were no compelling reasons presented to deny it. The pre-bail report from the local administration, deceased's family, and community was favorable, indicating the accused is of good character, not a flight risk, and unlikely to interfere with witnesses. The prosecution did not oppose the application or provide evidence to the contrary. The court therefore exercised its discretion to grant bail with conditions to ensure attendance and non-interference with witnesses.
Court Disposition
bail granted with conditions
Orders
- The accused may be released on cash bail of KShs.75,000.
- In addition, the accused must provide a surety of KShs.300,000.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 10 OF 2015
REPUBLIC …………………………….………...….. PROSECUTOR
V E R S U S
JOSHUA MUJUMBE BUSHANGA ……….…………… ACCUSED
RULING
Joshua Mujumbe, the accused herein is facing a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. He has filed the application dated 17/2/2015 seeking to be released on bond pending the hearing of this case. The grounds upon which the application are contained in an affidavit sworn by the accused in which he contends that he has been advised that he has an unqualified constitutional right to bond because he is presumed innocent till proved otherwise; that he is ready to abide by all the conditions that the court may impose and attend court as will be required of him and that he is a Kenyan citizen with a permanent residence and has no intention of leaving court’s jurisdiction. The Respondent did not file any affidavit in reply.
In an application for bail, the main consideration is that the accused will turn up for his trial. The court also considers whether the accused will interfere with witnesses; his character and antecedents amongst others. This court called for a pre-bail report in which the local administration, the deceased’s family and the local community were interviewed and all of them have given a favourable report on the accused. He is said to be a man of good character. There is therefore no evidence that he is a flight risk or will interfere with witnesses. There are no compellable reasons to deny accused bond. He may be released on the following terms:
1. Cash bail of KShs.75, 000/=;
2. In addition, a surety of Kshs.300, 000/=;
3. Is required to attend as the court may direct;
4. He will be required to be of good conduct while on bond;
5. He should not interfere with witnesses;
In default, bond will be cancelled.
DATED, SIGNED AND DELIVERED AT MERU THIS 12THDAY OF JUNE, 2015.
R. P. V. WENDOH
JUDGE
PRESENT:
Mr. Mulochi – for state
Mr. Omari for Accused
Faith, Court Assistant
Accused, Present