[2018] KEHC 425 (KLR)
The court found no compelling reasons to deny the accused bail, noting that the prosecution did not oppose the application and that the applicant had provided sufficient assurances regarding her ties to the community, lack of flight risk, and willingness to comply with bail conditions. The absence of a pre-bail...
Source-derived case information.
- Citation
- [2018] KEHC 425 (KLR)
- Parties
- Respondent: Republic; Applicant: Linet Nasimiyu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2018
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- FM Mutuku
- Legal Topics
- Bail Pending Trial, Murder Charge, Pretrial Release, Flight Risk, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Linet Nasimiyu
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found no compelling reasons to deny the accused bail, noting that the prosecution did not oppose the application and that the applicant had provided sufficient assurances regarding her ties to the community, lack of flight risk, and willingness to comply with bail conditions. The absence of a pre-bail report was not considered a sufficient reason to delay or deny the application. The court exercised its discretion to grant bail, subject to stringent terms to ensure the accused's attendance and the integrity of the trial process.
Court Disposition
bail granted
Orders
- The accused shall execute a bond of KES 1,000,000 with one surety of similar amount.
- The accused may alternatively deposit a cash bail of KES 300,000 with the Registrar of the Court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 1 OF 2018
REPUBLIC…………………………………………………..PROSECUTOR
VERSUS
LINET NASIMIYU……………..……………………………….ACCUSED
RULING
Linet Nasimiyu is charged with the murder of Margaret Nyaboke which is alleged to have occurred on the night of 11th December 2017 at Mukuru Kwa Reuben Slums in Industrial Area within Nairobi County. She has denied committing this offence. Pending the hearing and determination of this case, Linet has moved this court by way of Notice of Motion filed on 4th October 2018 supporting by her own affidavit sworn on 4th October 2018 and filed on the same day seeking to be admitted to bail/bond. The grounds in support of the application are found on the face of the application and the supporting affidavit. She states that she is the sole bread winner of her five children; that her children have been left without a caregiver after she was arrested and that her children rely on well-wishers in Mukuru Kwa Reuben where they live. She says that she is not a flight risk and will abide by the terms and conditions of bail set by this court; that she will not interfere with witnesses.
The application is not opposed by the State. However the Prosecution asked for a pre-bail report from the probation officers. The court allowed the application to have a pre-bail report filed. However from 11th October 2018 to 6th November 2018 this report has not been filed. This court decided to consider the application notwithstanding the absence of the report.
I have considered the application and I have no reason to decline granting the same. I will and do hereby admit the accused to bail/bond on the following term and conditions:
(a) The accused shall execute a bond of Kenya Shillings One Million (Kshs. 1,000,000) with one surety of similar amount.
(b) The accused is at liberty to deposit Cash Bail of Kenya Shillings Three Hundred Thousand (Kshs 300,000) with the Registrar of this Court.
(c) The accused shall attend court at all times she is required to attend until the case is fully determined and concluded.
(d) The accused shall not do anything that may compromise the fair trial of this case.
Orders shall issue accordingly.
Delivered, dated and signed this 13th November 2018.
S. N. Mutuku
Judge