[2023] KEHC 17485 (KLR)
The court found that the pre-bail reports for each accused person were positive, indicating strong family and community ties, good character, and no evidence of being flight risks. The prosecution did not advance any compelling reasons to deny bail. Accordingly, the court held that the constitutional right to bail...
Source-derived case information.
- Citation
- [2023] KEHC 17485 (KLR)
- Parties
- Applicant: Republic; Defendant: Elijah Muraya Kariuki alias Wakaris; Defendant: Francis Mwangi Nyambura; Defendant: Kelvin Ndungu Kimani
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E005 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- application for bail allowed
- Judges
- PM Mulwa
- Legal Topics
- Bail and Bond, Murder Charges, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Elijah Muraya Kariuki alias Wakaris
Defendant
Francis Mwangi Nyambura
Defendant
Kelvin Ndungu Kimani
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bail to the accused persons.
Ratio Decidendi
The court found that the pre-bail reports for each accused person were positive, indicating strong family and community ties, good character, and no evidence of being flight risks. The prosecution did not advance any compelling reasons to deny bail. Accordingly, the court held that the constitutional right to bail applies, and there was no justification to deny the accused persons their liberty pending trial. The application for bond was therefore allowed, and each accused was granted bond on reasonable terms.
Court Disposition
application for bail allowed
Orders
- Each accused person to be released on a bond of Kshs. 500,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
27 paragraphs
Republic v Kariuki & 2 others (Criminal Case E005 of 2023) [2023] KEHC 17485 (KLR) (11 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17485 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E005 of 2023
PM Mulwa, J
May 11, 2023
Between
Republic
Prosecution
and
Elijah Muraya Kariuki alias Wakaris
1st Accused
Francis Mwangi Nyambura
2nd Accused
Kelvin Ndungu Kimani
3rd Accused
Ruling
1. The three accused persons Elijah Muraya Kariuki alias Wakaris, Francis Mwangi Nyambura and Kelvin Ndungu Kimani were jointly charged with two counts of the offence of Murder contrary to section 203 as read with section 204 of the Penal Code, in that:-Count 1On the December 11, 2022at around 12. .00 pm, at Oasis Mugutha Area in Juja Sub-County within Kiambu County, jointlty murdered Simon Gakure Wanjohi.Count 2On the December 11, 2022 at around 12. .00 pm, at Oasis Mugutha Area in Juja Sub-County within Kiambu County, jointlty murdered Franklin Mutwiri.
2. The charges were read over and particulars explained to the accused persons on March 6, 2023. They denied the charges and pleas of not guilty entered. Mr. Tumu counsel for the 1st accused and Mr. Olaka counsel for the 2nd and 3rd accused applied to have the accused persons released on reasonable bail terms.
3. The state counsel Mr. Muriuki did not oppose accused being released on bond but urged the court to call for a pre-bail reports. Pre-bail reports were filed on March 28, 2023.
4. The prebail reports respectively stated:i.In respect of 1st Accused – His siblings are very supportive of him and describe him as one who is well behaved and well learned upto university level.. He is married and blessed with three children. He connects well with the community and is a member of the ACK Church. The local administration know him as law abiding.ii.In respect of 2nd Accused – He has the family to support him in the event he is granted bond. He is married with two children and attends the apostolic church regularly. According to the local administration, he relates well with the people.iii.In respect of 3rd Accused – He is married with three children and the family depends on him. Described by his former employer as a person of integrity and has strong family ties. The community holds him in high regard saying he is honest and hard working.
5. The prebail reports reinforce the submissions by counsel for the accused persons they are not flight risks and if granted bail they will attend court whenever they are required.
6. Article 49(1)(h) of the Constitution gives every accused person a right to be released on reasonable bail terms unless there are compelling reasons. No compelling reasons have been advanced and I see no reason to deny accused persons bond. I therefore allow the application for bond.
7. FINAL ORDERS:-
Each of the accused persons to be released on a bond of Kshs. 500,000/= with one surety of a similar amount.
RULING delivered, dated and signed virtually atKiambuThis11th day ofMay, 2023. ………….…………………………P.M. MULWAJUDGEIn the Presence of:Kinyua/Duale – Court AssistantsAccused - All presentMr. Muriuki for StateMr. Njoroge h/b for Mr. Tumu for 1st AccusedMr. Olaka for 2nd & 3rd AccusedPage 2 of 2