[2021] KEHC 7679 (KLR)
The court held that the accused is entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010. The State did not oppose the application and failed to provide any compelling reasons to justify denial of bail. The court emphasized that compelling reasons must be strong and...
Source-derived case information.
- Citation
- [2021] KEHC 7679 (KLR)
- Parties
- Respondent: Republic; Applicant: Kevin Keverenge alias Brian Mavundi
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 29 of 2020
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Bail granted to the accused on specified terms.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Constitutional Rights
- 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
Respondent
Kevin Keverenge alias Brian Mavundi
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court held that the accused is entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010. The State did not oppose the application and failed to provide any compelling reasons to justify denial of bail. The court emphasized that compelling reasons must be strong and sufficiently justified, referencing relevant case law. In the absence of such reasons, and considering the accused's personal circumstances and lack of evidence suggesting he is a flight risk or would interfere with the trial, the court ordered his release on bond with specified conditions.
Court Disposition
Bail granted to the accused on specified terms.
Orders
- The accused shall be released on his own bond of Kshs.1,000,000 with one surety of Kshs.500,000.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIAMBU
CRIMINAL CASE NO. 29 OF 2020
REPUBLIC.................................................................PROSECUTOR
VS
KEVIN KEVERENGE alias BRIAN MAVUNDI.................ACCUSED
RULING
1. This is a Ruling on bail application. The accused was charged with the offence of murder. He pleaded not guilty. His trial commenced on 10th March, 2021 and thus far five prosecution witnesses have testified. The case is therefore part heard.
2. Accused’s application for bail is not opposed by the State.
3. Accused is 26 years old. He is unmarried. Until he lost his job in March, 2020, due to COVID-19 pandemic, he was a casual labourer at a flower farm in Limuru. The alleged offence occurred in Ndenderu where accused resided. His parents reside in western Kenya.
4. No doubt accused has a right to be released on bail. This right was discussed in the case of REPUBLIC VS. FRANCIS KIMATHI (2017) eKLR thus:-
“I have considered this application. Needless to state that, by dint of the Constitution of Kenya, 2010, all offences are bailable. More specifically, Article 49 (1) (h) thereof provides that an arrested person has the right to be released on bond or bail on reasonable conditions pending a charge or trial unless there are compelling reasons not to be released. There may not be a scientific measure of what exactly amounts to compelling reasons as that would depend on the circumstances of each case. Except, however, compelling reason should be a reason or reasons which is rousing, strong, interests attention, and brings conviction upon the court that the accused person should be denied bail. Flimsy reasons will not therefore do. Therefore, the standard is high for it draws from the constitutional philosophy that any restriction of rights and freedoms of persons must be sufficiently justified given the robust Bill of rights enshrined in the Constitution. I need not aver-emphasize these matters except to cite the case ofR vs. JOKTAN MAYENDE & 3 OTHERS[2013] eKLR.”
5. DISPOSITION
Bearing the above in mind I order as follows:-
That the accused shall be released on his own bond of Kshs.1,000,000/= (One million) with one surety of Kshs.500,000/=.
RULING DATED, SIGNED AND DELIVERED THIS 22ND DAY OF APRIL, 2021.
MARY KASANGO
JUDGE
Coram:
C/A
Accused: ……………………………….
For the accused……………………….
For the prosecution………………….
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE