[2018] KEHC 144 (KLR)
The court found that the application for bail was unopposed by the prosecution and that there were no compelling reasons presented to deny bail to the 2nd accused. The court emphasized that the right to bail is constitutional and based on the presumption of innocence. Since crucial witnesses had already testified...
Source-derived case information.
- Citation
- [2018] KEHC 144 (KLR)
- Parties
- Applicant: Republic; Defendant: Ken Mutugi Muchagi; Defendant: Rose Madrine Njeri
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2015
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted to 2nd accused pending trial
- Judges
- LW Gitari
- Legal Topics
- Bail Pending Trial, Right to Bail, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ken Mutugi Muchagi
Defendant
Rose Madrine Njeri
Defendant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the 2nd accused is entitled to bail pending trial.
- 2 Whether there are compelling reasons to deny bail to the 2nd accused.
Ratio Decidendi
The court found that the application for bail was unopposed by the prosecution and that there were no compelling reasons presented to deny bail to the 2nd accused. The court emphasized that the right to bail is constitutional and based on the presumption of innocence. Since crucial witnesses had already testified and the risk of interference was minimal, the court determined that the accused should be released on bond with reasonable conditions. The co-accused had already been granted bail, further supporting the decision to grant bail to the 2nd accused.
Court Disposition
bail granted to 2nd accused pending trial
Orders
- The 2nd accused is released on a bond of Kshs 5 million plus two sureties of Kshs 2 million each.
- The accused shall appear in court whenever required.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
H.C. CR. MURDER NO. 18 OF 2015
REPUBLIC....................................................PROSECUTOR
V E R S U S
KEN MUTUGI MUCHAGI..........................1ST ACCUSED
ROSE MADRINE NJERI.............................2ND ACCUSED
RULING
The application pending before court is dated 24/07/2018 seeking bail pending trial for the 2ndaccused person. The accused was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code.
He was arrested on 22/10/2015 and arraigned in court on 05/11/2015and has been in custody ever since. That the Court had earlier indicated that he could only apply for bail after evidence of crucial witnesses has been taken and they have since testified. That eight witnesses have already testified and he is not likely to interfere with the remaining witnesses who are the doctor and the investigating officer.
The prosecution did not oppose the said application.
Since the application is unopposed, there is no compelling reasons for the accused not to be released. The offence charged is bailable. Article 49(1)(h) of the Constitution provides –
(h) to be released on bond or bail, on reasonable conditions, pending acharge or trial, unless there are compelling reasons not to be released.”
It is a right based on the principle that an accused person is presumed innocent until proved guilty. The accused should therefore be granted bail as he has constitutional right to bail. The co-accused was released on bail. I order that accused be released on a bond of Kshs 5 million plus two sureties of Kshs 2 million each to appear in court whenever he is required.
Dated at Kerugoya this 8thday of November 2018.
L. W. GITARI
JUDGE