[2014] KEHC 160 (KLR)
The court considered the pre-bail reports for each accused individually. For Kennedy Radiala Ongango and Samuel Mugendi Njeru, the reports were favourable, and there were no compelling reasons to deny bail. They were admitted to bail on bond terms with sureties and conditions to ensure good conduct and attendance....
Source-derived case information.
- Citation
- [2014] KEHC 160 (KLR)
- Parties
- Applicant: Republic; Defendant: Kennedy Radiala Ongango; Defendant: Samuel Njihia Muchiri; Defendant: Samuel Mugendi Njeru; Defendant: Joseph Thuo Mwangi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2014
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted to Kennedy Radiala Ongango and Samuel Mugendi Njeru; bail denied to Joseph Thuo Mwangi and Samuel Njihia Muchiri.
- Judges
- A Mshila
- Legal Topics
- Bail Application, Pre Bail Report, Bond Terms, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Kennedy Radiala Ongango
Defendant
Samuel Njihia Muchiri
Defendant
Samuel Mugendi Njeru
Defendant
Joseph Thuo Mwangi
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused persons should be admitted to bail pending trial.
- 2 Whether the pre-bail reports provide sufficient grounds to grant or deny bail to each accused.
Ratio Decidendi
The court considered the pre-bail reports for each accused individually. For Kennedy Radiala Ongango and Samuel Mugendi Njeru, the reports were favourable, and there were no compelling reasons to deny bail. They were admitted to bail on bond terms with sureties and conditions to ensure good conduct and attendance. For Joseph Thuo Mwangi and Samuel Njihia Muchiri, the reports were unfavourable due to lack of willing sureties and inability to track their whereabouts, making them unsuitable candidates for bail. Their applications for bail were therefore disallowed. The court emphasized that failure to comply with bail terms would result in automatic cancellation of bail.
Court Disposition
Bail granted to Kennedy Radiala Ongango and Samuel Mugendi Njeru; bail denied to Joseph Thuo Mwangi and Samuel Njihia Muchiri.
Orders
- Kennedy Radiala Ongango admitted to bail on bond of Kshs.500,000 with one surety of like amount, subject to conditions of good conduct, non-interference with witnesses, and timely court attendance.
- Samuel Mugendi Njeru admitted to bail on bond of Kshs.500,000 with one surety of like amount, subject to conditions of good conduct, non-interference with witnesses, and timely court attendance.
Full Case Text
Judgment text and source record
32 paragraphs
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO.10 OF 2014
REPUBLIC.....................................................................................PROSECUTOR
VERSUS
KENNEDY RADIALA ONGANGO..................................................1ST ACCUSED
SAMUEL NJIHIA MUCHIRI............................................................2ND ACCUSED
SAMUEL MUGENDI NJERU..........................................................3RD ACCUSED
JOSEPH THUO MWANGI..............................................................4TH ACCUSED
RULING
Having read the pre-bail report, the accused persons are hereby admitted to bail or denied bail on the following terms.
KENNEDY RADIALA ONYANGO:
His Pre-Bail Report is favourable. There being no reasons given to deny him bail, he is therefore admitted to bail on the following terms:
a) Bond of Kshs.500,000/= together with one surety of like amount.
b) He is to be of good conduct and not to interfere with the prosecution witnesses until this case is determined.
c) He must attend court in a timely manner.
d) Accused is hereby cautioned that failure to abide with the terms for Bail will lead to automatic cancellation.
JOSEPH THUO MWANGI:
The Pre-Bail Report indicates that there ware no relatives willing to stand surety for the accused, as they are unable to keep track of his whereabouts. Therefore this court finds that he is not a suitable candidate for Bail.
The application for B ail is therefore disallowed.
SAMUEL MUGENDI NJERU
The Pre-Bail Report is favourable. Accused admitted to Bail on the following terms:
a) Bond of Kshs.500,000/= with one surety of like amount.
b) Accused to be of Good conduct and not to interfere with the prosecution witnesses until the case is heard and determined.
c) Duty attend court a timely manner
d) Cautioned to abide with terms of a Bail failure to do so will lead to automatic cancellation.
SAMUEL NJUHIA MUCHIRI:
The Pre-Bail Report is not favourable as no family member is ready or willing to commit themselves to the Bail arrangements. This court finds that the accused is not a suitable candidate for Bail. Therefore the application for Bail is disallowed.
It is so ordered.
Dated, Signed and Delivered at Nakuru this 27th day of May, 2014.
A. MSHILA
JUDGE