[2019] KEHC 9316 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The pre-bail report was favorable, and the prosecution did not oppose the application. The Constitution guarantees the right to bail unless compelling reasons exist. Therefore, the accused was entitled to be...
Source-derived case information.
- Citation
- [2019] KEHC 9316 (KLR)
- Parties
- Respondent: Republic; Applicant: Julius Mweteri Kanyiru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 126 of 2018
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- F Gikonyo
- Legal Topics
- Bail and Bond, Murder Charge, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Julius Mweteri Kanyiru
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The pre-bail report was favorable, and the prosecution did not oppose the application. The Constitution guarantees the right to bail unless compelling reasons exist. Therefore, the accused was entitled to be released on reasonable bail or bond terms pending trial, subject to conditions to ensure attendance and non-interference with witnesses or the case.
Court Disposition
bail_granted
Orders
- The accused shall be released on a personal bond of Kshs. 200,000 with one surety of the like sum.
- Alternatively, the accused may pay a cash bail of Kshs. 100,000.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 126 OF 2018
REPUBLIC……………...……………..…..PROSECUTOR
-Versus-
JULIUS MWETERI KANYIRU.......................ACCUSSED
RULING
1. The accused person Julius Mweteri Kanyiruis charged with one count of Murder contrary to section 203 as read with section 204of thePenal Code. The particulars of the offence are that:
“On the 22nd Day of October, 2018 at around 4:00 at Gikurune village Athwana Location, in Tigania Central Sub County, within Meru County murdered Sammy Mithika Baibere
2. The accused person was arraigned in Court on 31st December 2018 and until present day he is still in custody. The accused person through Counsel prayed for bail and/or bond on the basis that the accused is not a flight risk and has a fixed abode. Counsel submitted that the Constitution allows all persons to be released on bailable terms.
3. The prosecution did not oppose the bail and bond terms being issued. The pre- bail report also recommends that the accused be granted reasonable bail and bond terms pending the hearing and determination of the case.
ANALYSIS AND DETERMINATION
4. Having considered the application for bail and there being no compelling reasons to deny the accused bail, I should grant bail/bond on reasonable terms and conditions as commanded in Art. 49 (1) (h) of the Constitution and as guided by the Bail and Bond Policy Guidelines.
5. Accordingly, the accused will be released on on bond on the following terms;
a. A personal bond of Kshs. 200,000 with one surety of the like sum.
b. In the alternative, pay a sum of Kshs. 100,000 in cash bail.
c. The accused shall not threaten harm or interfere with the case/witnesses and shall attend court without fail whenever required to do so.
Dated, signed and delivered in open court this 5th day of March, 2019
...............................................
F. GIKONYO
JUDGE
In presence of
Ngugi for Riungu for Accused
Namiti for State
...............................................
F. GIKONYO
JUDGE