[2024] KEHC 9622 (KLR)
The court found that, in the absence of any compelling reasons presented by the State to justify continued detention, and in light of the accused's constitutional right to bail and the presumption of innocence, the accused should be released on bond. The court noted that although a pre-bail report was ordered, it...
Source-derived case information.
- Citation
- [2024] KEHC 9622 (KLR)
- Parties
- Applicant: Republic; Defendant: Pius Irungu Kinuthia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 7 August 2024
- Case Number
- Criminal Case 52 of 2019
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted to the accused pending trial.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Presumption of Innocence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Pius Irungu Kinuthia
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that, in the absence of any compelling reasons presented by the State to justify continued detention, and in light of the accused's constitutional right to bail and the presumption of innocence, the accused should be released on bond. The court noted that although a pre-bail report was ordered, it had not been filed, and there was no basis to further delay the accused's right to bail. Therefore, the accused was granted bond on reasonable terms.
Court Disposition
Bail granted to the accused pending trial.
Orders
- The accused is released on bond of Kshs. 500,000 with a surety of like sum.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Kinuthia (Criminal Case 52 of 2019) [2024] KEHC 9622 (KLR) (Crim) (7 August 2024) (Ruling)
Neutral citation: [2024] KEHC 9622 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case 52 of 2019
LN Mutende, J
August 7, 2024
Between
Republic
Prosecutor
and
Pius Irungu Kinuthia
Accused
Ruling
1. Pius Irungu Kinuthia, the accused is indicted for murder, allegations being that he contravined the provisions of Section 203 as read with Section 204 of the Penal Code by committing an act that resulted into the death of Susan Wanjiku on the 7th day of August, 2019.
2. Pursuant to the accused constitutional rights as stipulated by Article 49(1)(h) of the Constitution, he seeks to be released on bail during pendency of trial. The alluded provision of the law provides that:(1)An arrested person has the right—(h)To be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
3. (4) civilian witnesses have testified. The State through learned prosecution Counsel Ms. Ogweno was of the view that the State have no compelling reasons to call for the accused continued incarceration but asked for a pre-bail report.
4. This court directed the probation department to file a pre-bail report on 30th July,2024, however, the order is yet to be complied with.
5. In the premises, the accused who is presumed innocent until proven otherwise may be released on Bond of Kshs. 500,000/- with a surety in a like sum.
6. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS AT NAIROBI, THIS 7thDAY OF AUGUST, 2024. L. N. MUTENDEJUDGE