[2015] KEHC 1950 (KLR)
The court found that the prosecution failed to demonstrate compelling reasons to deny the applicants bail. Although concerns were raised about possible interference with witnesses and the recovery of murder weapons, the State did not strongly oppose the application at the hearing and only requested stringent bail...
Source-derived case information.
- Citation
- [2015] KEHC 1950 (KLR)
- Parties
- Respondent: Republic; Applicant: Kyalo Mutuku; Applicant: Geoffrey Matuku
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 45 of 2015
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Murder Charge, Pretrial Release Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Kyalo Mutuku
Applicant
Geoffrey Matuku
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny bail under the circumstances.
Ratio Decidendi
The court found that the prosecution failed to demonstrate compelling reasons to deny the applicants bail. Although concerns were raised about possible interference with witnesses and the recovery of murder weapons, the State did not strongly oppose the application at the hearing and only requested stringent bail terms. The court considered all factors, including the applicants' personal circumstances and the stage of the proceedings, and determined that the applicants are entitled to bail. Accordingly, each accused was granted bond of Ksh 500,000 with a surety of a similar amount.
Court Disposition
bail granted
Orders
- Each accused person is granted bond of Ksh 500,000 with a surety in a similar sum.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
HIGH COURT CRIMINAL CASE NO 45 OF 2015
REPUBLIC………….……………………PROSECUTOR
VERSUS
KYALO MUTUKU………….1ST ACCUSED/APPLICANT
GEOFFREY MATUKU….….2ND ACCUSED/APPLICANT
R U L I N G
By an application dated 29th June, 2015 the accused persons herein seek to be released on bail pending trial. They face a charge of Murder contrary to Section 203 as read with Section 204 of the Penal Code.
The application is supported by an affidavit sworn by the 2nd applicant Kitili Matuku whereby he states that they may suffer a mental breakdown and stress during trial. They are family men who owe a duty of care to their children and other dependants.
The State relied on an affidavit sworn by the Investigation Officer, No 42560 Cpl Henry Kithinji who deponed that currently the accused persons have a bad blood relationship with the family of the deceased. They live near prosecution witnesses whom they may interfere with. Murder weapons are yet to be recovered. Releasing the accused persons on bail may result into them thwarting the effort to recover them.
However, at the hearing the learned State Counsel did not vehemently oppose the application. She only called upon the court to impose hefty bail terms.
This court reserved its ruling until two (2) of the key witnesses testified. Having taken all factors into consideration, the prosecution has failed to demonstrate why the applicants should be denied bail. In the premises I grant each accused person bond of Ksh 500,000/- with a surety in a similar sum.
It is so ordered.
DATED, SIGNED and DELIVERED at KITUI this 29th day of September, 2015
L.N. MUTENDE
JUDGE