[2015] KEHC 3386 (KLR)
The court found that the accused, a minor charged with murder, is entitled to bail as there was no objection from the prosecution and the accused's parents and relatives provided satisfactory assurances regarding his residence and schooling. The court was satisfied that the accused's welfare and the interests of...
Source-derived case information.
- Citation
- [2015] KEHC 3386 (KLR)
- Parties
- Respondent: Republic; Applicant: KMN
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2015
- Procedural Posture
- Criminal Case / Bail Application Pending Trial
- Outcome
- Bail granted to the accused minor pending trial.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Juvenile Offender, Murder Charge
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
KMN
Applicant
Procedural Posture
Criminal Case / Bail Application Pending Trial
Legal Issues
- 1 Whether the minor accused should be admitted to bail pending trial for murder.
- 2 Whether adequate assurances exist regarding the accused's residence and schooling if released on bail.
Ratio Decidendi
The court found that the accused, a minor charged with murder, is entitled to bail as there was no objection from the prosecution and the accused's parents and relatives provided satisfactory assurances regarding his residence and schooling. The court was satisfied that the accused's welfare and the interests of justice would be served by granting bail, provided that the surety is not a prosecution witness. The decision was guided by constitutional and statutory provisions on bail and the best interests of the child.
Court Disposition
Bail granted to the accused minor pending trial.
Orders
- The accused shall be released upon the cognizance of one surety who is not a prosecution witness in this case.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO 23 OF 2015
REPUBLIC…...……..................................….………..PROSECUTOR
VERSUS
KMN………………………………..............................……..ACCUSED
R U L I N G
1. The Accused KMN is a minor aged 14 or 15 years. He is charged with murder contrary to section 203 as read with section 204of the Penal Code. It is alleged in the information dated 10/06/2015 that on 17/05/2015 in Murang’a South District of Murang’a County he murdered one MWN. On 17/06/2015 he pleaded not guilty. His trial, initially set for 20/07/2015, is now scheduled to commence on 10/11/2015. He has in the meantime applied to be admitted to bail pending trial. The Republic has no objection.
2. I have perused the witness statements and other documents supplied to the Accused and to the court by the prosecution. I have noted the circumstances of the alleged offence. The Deceased in this case is the Accused person’s younger sister. Prosecution witnesses will include the Accused’s parents, siblings and other close relatives. I therefore deemed it necessary for the Accused’s parents to come before the court so that assurances can be given regarding where the Accused is going to stay if released on bail and arrangements as to his schooling (he was in school when arrested and charged).
3. The parents and other relatives appeared before the court today and the necessary assurances were given to the satisfaction of the court.
4. I will in the circumstances admit the Accused to bail. He shall be released upon the cognizance of one surety who is not a prosecution witness in this case. It is so ordered.
DATED, SIGNED AT MURANG’A THIS 29TH DAY OF JULY 2015
H P G WAWERU
JUDGE
DELIVERED ATMURANG’A THIS 31ST DAY OF JULY 2015