[2021] KEHC 3756 (KLR)
The court found that there were no compelling reasons to deny the accused bail pending trial. The accused is entitled to the presumption of innocence under the Constitution. The court considered the seriousness of the charge and the need to ensure the accused's attendance at trial, requiring two sureties and a...
Source-derived case information.
- Citation
- [2021] KEHC 3756 (KLR)
- Parties
- Applicant: Republic; Respondent: LNM
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 44 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail granted with conditions
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
LNM
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bail pending trial. The accused is entitled to the presumption of innocence under the Constitution. The court considered the seriousness of the charge and the need to ensure the accused's attendance at trial, requiring two sureties and a personal bond. The prosecution did not oppose the application, and the accused's personal circumstances, including her mental stability and lack of previous convictions, were taken into account. The court concluded that bail should be granted on reasonable conditions to balance the accused's rights and the interests of justice.
Court Disposition
bail granted with conditions
Orders
- The accused LNM shall be released on bail pending her trial on provision of two sureties of Kshs.500,000 each and her own bond of Kshs.500,000.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 44 OF 2020
BETWEEN
REPUBLIC………………………..PROSECUTOR
VERSUS
LNM……….………………….....……... ACCUSED
RULING
1. LNM(the accused) is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The deceased, the subject of the murder trial, was the son of the accused. The deceased was 2 years old at the time of his death.
2. The accused has applied for bail pending her trial. The application for bail was not opposed by the State.
3. The accused is 21 years old. On her arrest the psychiatrist diagnosed her as suffering from depression and entertaining suicidal tendencies. In the subsequent medical report by the psychiatrist dated 21st January, 2021 the accused was stated to be mentally stable. She pleaded not guilty to the offence of murder.
4. The accused is first born. She has four other siblings. The family is from a poor economic background. The accused had to drop out of School while at High school because of lack of school fees. She is unmarried and had the child, the deceased out of wedlock.
5. The accused has no previous conviction. The defence counsel filed submissions in support of the application for bail. The defence emphasized that the accused is entitled to be presumed innocent and should therefore be deprived her liberty want just cause.
6. Article 49(1)(h) of the Constitution provides the rights of an arrested person to bail. In the case REPUBLIC VS. PETER MAINA KARIUKI (2016) eKLR the court considered that provision of the constitution and further stated thus:-
“InArticle 49 (1) (h)of the Constitution, it is provided that:-
‘An arrested person shall “be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.’
In considering that provision I am also guided by the caseFADWECK MVAHE – VS- THE REPUBLIC MSCA Criminal Appeal No. 25 of 2005, which case was cited in REPUBLIC –v-JOSEPH WAMBUA MUTUNGA & 3 OTHERS [2010] eKLRas follows:
“…in considering the issue of the interest of the justice the paramount issues the court will consider include the likelihood of the accused attending his trial, the risk that if he is released on bail the accused person may interfere with the prosecution witnesses or tamper with the evidence, the likelihood of his committing another offence or other offences and also the risk to the accused person, if granted bail and he returns to his village where the deceased’s relative may harm him. In considering these issues the court may take into account among other things, such factors as the gravity of the offence the punishment likely to be imposed and indeed … the accused is a sickly person.” (underlining provided)
7. There are no compelling reasons to deny accused bail pending trial. However, in view of the seriousness of the charge, the accused faces there is need to have sureties who can confirm accused attend to the trial.
DISPOSITION
8. The accused LNM shall be released on bail pending her trial on provision of two sureties of Kshs.500,000/= and her own bond of Kshs.500,000/=.
RULING DATED and DELIVERED at KIAMBU this 23rd day of SEPTEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Ndege
Accused :- Present (Langata)
For Accused:- Ms. Ndegwa
DPP :- Mr. Kasyoka
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE