[2022] KEHC 1555 (KLR)
The court found that there was no evidence that Judy Wambui Mungai had breached her previous bond terms. The right to bail is constitutionally protected and applies to all offences, including capital offences, unless the prosecution demonstrates compelling reasons to deny bail. The court emphasized the presumption...
Source-derived case information.
- Citation
- [2022] KEHC 1555 (KLR)
- Parties
- Applicant: Republic; Defendant: Judy Wambui Mungai
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Application for release on bond allowed with enhanced terms.
- Judges
- MM Kasango
- Legal Topics
- Bail Application, Presumption of Innocence, Bond Terms, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Judy Wambui Mungai
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused, Judy Wambui Mungai, should be released on bond pending trial after cancellation of her previous bond.
- 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 there was no evidence that Judy Wambui Mungai had breached her previous bond terms. The right to bail is constitutionally protected and applies to all offences, including capital offences, unless the prosecution demonstrates compelling reasons to deny bail. The court emphasized the presumption of innocence and the importance of the accused's liberty. Having received evidence from three prosecution witnesses and in the absence of any compelling reasons to deny bail, the court exercised its discretion to grant bail, but enhanced the bond terms by requiring an additional surety of Ksh. 6,000,000.
Court Disposition
Application for release on bond allowed with enhanced terms.
Orders
- Judy Wambui Mungai to be released on bail pending trial upon providing an additional surety of Ksh. 6,000,000, in addition to the terms set on 13th June 2019.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 9 OF 2019
REPUBLIC.......................................................................................................PROSECUTION
VERSUS
JUDY WAMBUI MUNGAI.......................................................................................ACCUSED
RULING
1. JUDY WAMBUI MUNGAI (Judy) is charged with the offense of a murder. The second accused was MICHAEL GITHAE MATHENGE(Michael). On 13th June 2019 both the accused was released on bond pending trial. They were able to raise the bond terms
2. Michael entered a plea bargain with the prosecution and that plea bargain resulted in him pleading guilty to a lesser offense. On the 8th November, 2021the court reserved it's a sentence Ruling for Michael. In so doing the court also cancelled the bond of both the accused persons. The sentencing ruling for Michael was delivered on 16th November 2021. After that Ruling Judy continued to be detained in custody. The order that she was to remain in custody was on condition that the court does receiving the evidence of Michael.
3. Michael did testify on 8th December 2021. On that day Judy made her application for her release on bond on the previous terms, of 13 June 2019. The court reserved the ruling to that application to today's date.
4. There is no record in this matter showing that Judy disobeyed or breached the terms of her release on bond. Judy however should be reminded that the released-on bond pending trial always remains at the discretion of the court but subject to the Constitutional provision. In this regard I refer to the case of REPUBLIC V. MUMUSH HIRBO FAJA (2014) eKLR where the court stated thus:-
“Article 49(1)(h) provide that accused person is entitle to be released on bond /bail unless the prosecution has compelling reasons to the contrary. The right to bail is therefore not absolute and it is at the discretion of the court.
The right to bail does not depend in on whether or not the prosecution hasstrong evidence against the accused. The relevant constitutional provision does not classify offences that are bailable or not – Bail is open to all offences including capital offences.
5. Bail hearing just like any other stage of criminal hearing carries with it the presumption of innocence of an accused. That is one of the most important weaves through the web of the criminal justice system. Also the liberty of the accused is the most important and at the heart of very democratic society.
6. Having so far received evidence of three prosecution witnesses I am of the view the bond terms should be enhanced for Judy to be released from custody.
7. I therefore will order that Judy do provide an additional surety of Ksh.6 million.
8. I therefore make the order that JUDY WAMBUI MUNGAIbe released on bail pending her trial on condition she does provide, an additional surety for Ksh.6,000,000 (SIX MILLION) which surety is an additional condition to the those set by this Court on 13th June 2019.
9. Order accordingly.
RULING DATED and DELIVERED at KIAMBU this 7th day of MARCH, 2022.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Maurice
Accused :- Present
For accused : - Ms. Ajiambo
For DPP: - Mr. Kasyoka
RULINGdelivered virtually.
MARY KASANGO
JUDGE