[2014] KEHC 3704 (KLR)
The court found that, although bail had initially been denied due to the recency of the incident and the risk of retaliatory attacks or unrest, nearly a year had passed since the offence and the initial ruling. The judge reasoned that the passage of time should have allowed the deceased's family and the community to...
Source-derived case information.
- Citation
- [2014] KEHC 3704 (KLR)
- Parties
- Applicant: Republic; Defendant: Judith Kanana Muga; Defendant: Denis Mutuma; Defendant: Gladys Kariangi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 50 of 2013
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Legal Topics
- Bail Pending Trial, Murder Charge, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Judith Kanana Muga
Defendant
Denis Mutuma
Defendant
Gladys Kariangi
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial for the offence of murder.
- 2 Whether the passage of time since the incident reduces the risk of retaliatory attacks or community unrest.
Ratio Decidendi
The court found that, although bail had initially been denied due to the recency of the incident and the risk of retaliatory attacks or unrest, nearly a year had passed since the offence and the initial ruling. The judge reasoned that the passage of time should have allowed the deceased's family and the community to recover to some degree from their loss, thereby reducing the risk of retaliation or public disorder. There being no compelling reasons to continue denying bail, and in the absence of opposition from the prosecution, the court exercised its discretion to grant bail to the accused persons on specified terms.
Court Disposition
bail_granted
Orders
- Each accused may be released on bail in the sum of Kshs. 1 million with sureties of like sum.
- In the alternative, each accused may deposit cash bail in the sum of Kshs. 1 million.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE No. 50 OF 2013
REPUBLIC........................................................PROSECUTOR
VERSUS
JUDITH KANANA MUGA.................................1ST ACCUSED
DENIS MUTUMA..............................................2ND ACCUSED
GLADYS KARIANGI.........................................3RD ACCUSED
RULING
1. The accused persons JUDITH KANANA MUGA, the 1st accused, DENNIS MUTUMA, the 2nd accused and GLADYS KARANGI the 3rd accused all face one count of murder contrary to section 203 of the Penal Code. The offence is alleged to have been committed on 24th May, 2013.
2. The accused persons have applied to be released on bail pending their trial. This is a second such application. The first application was made orally on 12th July, 2013. During the hearing of that first application, the Prosecution Counsel Mr. Moses Mungai left the matter to the court to decide.
3. There were Pre-bail Reports prepared in the probation on each of the accused. In those Reports, the probation officer stated that the community had mixed reaction to the accused being released on bail. The family of the deceased was said to be bitter and yet to come to terms with their loss.
4. The court declined to grant bail. In its ruling of 25th July, 2013, I ruled that the incident was recent and had not given the family of the deceased time to come to terms with their loss and that the likelihood of retaliatory attack or revenge could not be ruled out.
5. It has been almost a year since that ruling. The accused have been in custody all these while. By now, with passage of time, the deceased family should have recovered to some degree from their immense loss.
6. In the result I will grant bail to the accused persons on the following terms:
Each accused may be released on bail n the sum of Kshs. 1 million with sureties of like sum.
In the alternative each accused may deposit cash bail in the sum of Kshs. 1 million.
DATED AND DELIVERED AT MERU THIS 17TH JULY, 2014.
LESIIT, J,
JUDGE