[2016] KEHC 1300 (KLR)
The court found no compelling reason in the circumstances of the alleged offence to deny the accused bail. The constitutional right to bail applies, and the prosecution did not oppose the application. The accused is therefore entitled to bail on reasonable terms.
Source-derived case information.
- Citation
- [2016] KEHC 1300 (KLR)
- Parties
- Respondent: Republic; Applicant: Kelvin Mugo Gachuhi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 32 of 2015
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- Bail granted to the accused pending trial.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Kelvin Mugo Gachuhi
Applicant
Procedural Posture
Criminal Case / Bail Application
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 no compelling reason in the circumstances of the alleged offence to deny the accused bail. The constitutional right to bail applies, and the prosecution did not oppose the application. The accused is therefore entitled to bail on reasonable terms.
Court Disposition
Bail granted to the accused pending trial.
Orders
- The accused shall be admitted to bail upon his own cognizance in the sum of KShs 100,000 plus one surety in like sum.
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 32 OF 2015
REPUBLIC........................................................PROSECUTOR
VERSUS
KELVIN MUGO GACHUHI......................................ACCUSED
R U L I N G
1. The Accused herein, Kelvin Mugo Gachuhi, is charged with murdercontrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 25/09/2015 that on 28/07/2015 at Maraba Estate in Thika District of Kiambu County, he murdered one Stephen Maina Irungu. On 10/10/2015 he pleaded not guilty to the charge. His trial is scheduled to commence on 16/05/2016.
2. The Accused has applied in the meantime by notice of motion dated 19/10/2015 to be released on bail pending his trial. The Republic does not oppose the application.
3. Bail pending trial is now a constitutional right for all offences that will be denied only for compelling reason; and any condition for such bail must be reasonable. See Article 149(1) (h)of theConstitution of Kenya, 2010.
4. I have read through the witness statements and other documentary exhibits supplied to the Accused and to the court by the prosecution. I do not find in the circumstances of the commission of the alleged offence any compelling reason to deny the Accused bail. He will be admitted to bail upon his own cognizance in the sum of KShs 100,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 3RD DAY OF MARCH 2016
H.P.G. WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 4TH DAYOF MARCH 2016