[2021] KEHC 7685 (KLR)
The court held that while the accused is charged with the serious offence of murder, Article 49(1)(h) of the Constitution guarantees the right to bail on reasonable conditions. The court considered the lack of opposition from the prosecution, the accused's personal circumstances, and the absence of previous...
Source-derived case information.
- Citation
- [2021] KEHC 7685 (KLR)
- Parties
- Respondent: Republic; Defendant: Joyce Wanjiku Muiruri
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 47 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted_with_conditions
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Murder Charge, Pretrial Release Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joyce Wanjiku Muiruri
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial despite being charged with murder.
- 2 What conditions, if any, should be imposed for the grant of bail in a murder case.
Ratio Decidendi
The court held that while the accused is charged with the serious offence of murder, Article 49(1)(h) of the Constitution guarantees the right to bail on reasonable conditions. The court considered the lack of opposition from the prosecution, the accused's personal circumstances, and the absence of previous convictions. However, the gravity of the offence and the potential for severe punishment necessitated the imposition of stringent bail terms to mitigate the risk of absconding. Accordingly, the court granted bail with substantial bond and surety requirements.
Court Disposition
bail_granted_with_conditions
Orders
- The accused shall be released pending the conclusion of her trial on her own bond of Kshs. 500,000 and with two sureties of Kshs. 1,000,000 each.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 47 OF 2020
REPUBLIC........................................................PROSECUTOR
VS
JOYCE WANJIKU MUIRURI.................................ACCUSED
RULING
1. JOYCE WANJIKU MUIRURI pleaded not guilty to the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. She has applied that she be released on bail pending the conclusion of her trial.
2. The probation, pre-bail report revealed that the accused is 32 years old she has a 5-year-old daughter. She is not married. She has no previous criminal conviction and she pleads that the court does grant her favourable terms of bond/bail.
3. The application for bail was not opposed by prosecution.
4. Article 49(1)(h) of the Constitution provides that an arrested person has the right to be released on bond or bail on reasonable condition. Bearing in mind that constitutional provision I need to also consider that the accused is facing a very serious charge, that of murder and the consequences of being found guilty, after trial, are serious. The fact that the offence one faces is of serious nature was considered in the case of REPUBLIC V. ROBERT ZIPPOR NZILU (2018) eKLR thus: -
“Gravity of the offence as a consideration was appreciated byMbogholi Msagha, JinCriminal Application No. 319 of 2002 PRISCILLA JEMUTAI KOLONGE VS. REPUBLIC(unreported) at page 3, wherein he held as follows:-
“However, the nature of the charge or offence and the seriousness of the punishment if the applicant is found guilty must be considered in applications of this nature. I subscribe to the observation that where the charge against the accused is more serious and punishment heavy, there are more probabilities and incentive to abscond, whereas in case of minor offences, there may be no such incentive.””
5. With the above observation in mind I grant the following orders:-
(a) The accused shall be released pending the conclusion of her trial on her own bond of Kshs.500,000/= and with two sureties of Kshs.1million (one million) each.
RULING DATED, SIGNED AND DELIVERED THIS 22ND DAY OF APRIL, 2021.
MARY KASANGO
JUDGE
Coram:
C/A
Accused: …………………………….
For the Accused: ………………….
For the DPP: ……………………….
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE