[2016] KEHC 3552 (KLR)
The court found that there were no compelling reasons presented to deny the applicant his constitutional right to bail. The prosecution did not oppose the application, and the court was satisfied that the applicant could be released on bail pending the hearing and determination of the trial. The decision was...
Source-derived case information.
- Citation
- [2016] KEHC 3552 (KLR)
- Parties
- Respondent: Republic; Applicant: Leonard Ireri Runje
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2016
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- bail granted
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Leonard Ireri Runje
Applicant
Procedural Posture
Criminal Case / Bail Application
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bail under Article 49 of the Constitution.
Ratio Decidendi
The court found that there were no compelling reasons presented to deny the applicant his constitutional right to bail. The prosecution did not oppose the application, and the court was satisfied that the applicant could be released on bail pending the hearing and determination of the trial. The decision was grounded on Article 49 of the Constitution, which guarantees the right to bail unless compelling reasons are shown.
Court Disposition
bail granted
Orders
- The applicant is granted bail/bond in the sum of Kshs 200,000 and a surety of a similar amount.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL CASE NO. 6 OF 2016
REPUBLIC ..............................................................PROSECUTOR
VERSUS
LEONARD IRERI RUNJE................................................ACCUSED
RULING
1. The applicant has through his counsel applied to be released on bail pending the hearing and determination of his trial in respect of the charge of murder.
2. The applicant's bail is not opposed.
3. The case is part heard. I find that there are no compelling reasons in terms of Article 49 of the 2010 Constitution to deny the applicant's right to be released on bail pending hearing and determination of his trial.
4. In the circumstances, I grant him bail/bond in the sum of Kshs 200,000/- and a surety of a similar amount.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this 30TH day of JUNE 2016.
In the presence of Ms Mbae for State and Ms Muriuki for the Accused.
Court clerk Njue
J. M. BWONWONGA
JUDGE
30. 06. 16