[2016] KEHC 6113 (KLR)
The court found that bail is a constitutional right and should only be denied if there are compelling reasons. The accused persons had previously complied with bond terms during the inquest and did not abscond, demonstrating they are not flight risks. The State did not oppose the application, and there was no...
Source-derived case information.
- Citation
- [2016] KEHC 6113 (KLR)
- Parties
- Applicant: Republic; Respondent: Kalelu Kavusuki; Respondent: Kyambi Kalelu; Respondent: Muneeni Muthengi; Respondent: Mwangangi Mutemi
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 63 of 2015
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Bail granted to all accused persons pending trial.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Murder Charge, Flight Risk, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kalelu Kavusuki
Respondent
Kyambi Kalelu
Respondent
Muneeni Muthengi
Respondent
Mwangangi Mutemi
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial.
- 2 Whether there are compelling reasons to deny bail to the accused persons.
- 3 Whether the accused persons are a flight risk.
Ratio Decidendi
The court found that bail is a constitutional right and should only be denied if there are compelling reasons. The accused persons had previously complied with bond terms during the inquest and did not abscond, demonstrating they are not flight risks. The State did not oppose the application, and there was no evidence presented to suggest the accused would interfere with witnesses or abscond if released. Therefore, the court held that there was no justification for continued incarceration pending trial and granted bail to all accused persons, with specific terms for each.
Court Disposition
Bail granted to all accused persons pending trial.
Orders
- Accused 2 may be released on a cash bail of Kshs. 100,000 or bond of Kshs. 200,000 with a surety in an even sum.
- Accused 1, 3 and 4 each may be released on bond of Kshs. 400,000 with a surety in a similar sum.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 63 OF 2015
REPUBLIC………………………………………..................................……..……..PROSECUTOR
VERSUS
KALELU KAVUSUKI……………………......................................…..1ST ACCUSED/APPLICANT
KYAMBI KALELU.……………………......................................…….2ND ACCUSED/APPLICANT
MUNEENI MUTHENGI.........................................................................3RD ACCUSED/APPLICANT
MWANGANGI MUTEMI.......................................................................4TH ACCUSED/APPLICANT
R U L I N G
By a Notice of Motion dated 19th February, 2016,the Applicants (Accuseds) seek bail pending trial. The 2nd Applicant in particular seeks to be released on a free bond.
The application is premised on grounds that the Accused persons are charged with the offence of murdering their neighbour in the year 2006. They were adversely mentioned in the inquest that was heard by the Mwingi Senior Resident Magistratein 2007. As the inquest was ongoing they were out on Personal Bonds. They did not abscond. They are residents of Kyuso.The 2nd Accused is a wife of the 1st Accused therefore will not abscond.
The application is supported by an affidavit deponed by Kyambu Kaleluwho reiterated what is stated in the grounds on the body of the application and added that they have children who are in primary school and as a result of their incarceration some of them have dropped out of school.
The State through Ms. Amojonglearned State Counsel did not oppose the application.
I do note that bail is a constitutional right unless there are compelling reasons that would require the incarceration of the Accused persons. The paramount consideration being whether the Accused person is a flight risk.
There being no reason to warrant the Accused person’s incarceration pending trial, I hereby direct as follows:
Accused 2 may be released on a cash bail of Kshs. 100,000/=or bond of Kshs. 200,000/=with a surety in an even sum.
Accused 1, 3 and 4 – Each may be released on bond of Kshs. 400,000/=with a surety in a similar sum.
It is so ordered.
Dated, Signed and Delivered at Kitui this 23rd day of February, 2016.
L. N. MUTENDE
JUDGE