[2011] KEHC 1961 (KLR)
The court found that the accused is entitled to bail as no compelling reasons were advanced by the prosecution to justify denial. The accused is a family man of fixed abode and requires ongoing medical attention. The pre-bail report and medical evidence were considered. In the absence of compelling reasons, the...
Source-derived case information.
- Citation
- [2011] KEHC 1961 (KLR)
- Parties
- Respondent: Republic; Applicant: Leonard Mwangemi Munyasia
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2011
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- application_allowed
- Judges
- JV Juma
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Right to Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Leonard Mwangemi Munyasia
Applicant
Procedural Posture
Criminal Case / Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under the Constitution.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the accused is entitled to bail as no compelling reasons were advanced by the prosecution to justify denial. The accused is a family man of fixed abode and requires ongoing medical attention. The pre-bail report and medical evidence were considered. In the absence of compelling reasons, the constitutional right to bail prevails, and the accused is admitted to bail on specified terms.
Court Disposition
application_allowed
Orders
- The accused is admitted to bail/bond of Kshs.300,000 plus two Kenyan sureties of like sum.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 16 OF 2011
REPUBLIC ………………………………………................…… PROSECUTION
=VERSUS=
LEONARD MWANGEMI MUNYASIA ……............................…………..ACCUSED
RULING
The accused LEONARD MWANGEMI MUNYASIA has applied to be released on bail pending the hearing and determination of this murder trial. The accused like all other suspects does have a constitutional right to be released on bail unless compelling reasons exist to deny him such bail. The bail application was opposed by the State. I have considered the pre-bail report prepared by the Probation Department. The accused is stated to be a family man and is of fixed abode. The medical card from Taveta District Hospital confirms that the accused is on medication for mild psychosis. His lawyer indicates that he requires regular medical attention. The prosecution have not advanced any compelling reason why this court should deny the accused person bail. As such I do hereby allow this application and admit the accused to bail/bond in terms of Kshs.300,000/- + two Kenyan sureties of like sum.
Dated and Delivered in Mombasa this 14th day of June 2011.
M. ODERO
JUDGE