[2018] KEHC 4503 (KLR)
The court found that the prosecution did not provide any compelling reasons to deny the 2nd accused bail. The right to bail is constitutionally guaranteed under Article 49(h) of the Constitution of Kenya. The court exercised its discretion, noting the seriousness of the offence, and set bail terms that would ensure...
Source-derived case information.
- Citation
- [2018] KEHC 4503 (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
- Murder Case 18 of 2015
- Procedural Posture
- Criminal Law / Bail Application
- Outcome
- Bail granted to the 2nd accused on specified terms.
- Judges
- LW Gitari
- Legal Topics
- Bail Application, Compelling Reasons, Constitutional Rights, Judicial Discretion
- 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
Criminal Law / Bail Application
Legal Issues
- 1 Whether the 2nd accused is entitled to bail pending trial under Article 49(h) of the Constitution.
- 2 Whether there are compelling reasons to deny bail to the 2nd accused.
Ratio Decidendi
The court found that the prosecution did not provide any compelling reasons to deny the 2nd accused bail. The right to bail is constitutionally guaranteed under Article 49(h) of the Constitution of Kenya. The court exercised its discretion, noting the seriousness of the offence, and set bail terms that would ensure the accused's attendance at trial. The 2nd accused was granted bail on a bond of Kshs 5,000,000 with two sureties of Kshs 2,000,000 each.
Court Disposition
Bail granted to the 2nd accused on specified terms.
Orders
- The 2nd accused is released on a bond of Kshs 5,000,000 plus two sureties of Kshs 2,000,000 each.
Full Case Text
Judgment text and source record
18 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
1. KEN MUTUGI MUCHAGI....... 1ST ACCUSED
2. ROSE MADRINE NJERI..........2ND ACCUSED
RULING
This ruling relates to an application for bail made orally by the 2nd accused Rose Madrin Njeri. The court was urged to consider that the report by the probation officer was favourable.
The state through the Prosecution Counsel Mr. Ombiri did not oppose the application. He urged the court to grant bail on such terms that the court may deem necessary.
I have considered the application. I have perused the bail report by the Probation Officer. I note that bail is recommended at courts discretion.
Bail is provided for under Article 49(h) of the Constitution provides:
“An arrested person has the right –
to be released on bond bail on reasonable conditions pending a charge or trial unless there are compelling reasons not to be released.”
The prosecution has not cited any compelling reasons to deny the 2nd accused bail. The state has informed the Court to consider such terms as may be necessary. Bail is a Constitution right which should not be denied unless there are compelling reasons. However in considering the bail terms, the court notes that the offence facing the 2nd accused is very serious and the terms must be such that they will ensure that the accused will turn up for the trial upto its final determination. The accused will be released on a bond of Kshs 5,000,000/- plus two sureties of Kshs 2,000,000/- each.
Dated at Kerugoya this 1ST day of August 2018.
L. W. GITARI
JUDGE