[2015] KEHC 1634 (KLR)
The court found that there were no compelling reasons to deny the accused bail, especially since the prosecution did not oppose the application. The accused demonstrated strong family ties, no flight risk, and cited health concerns developed while in custody. The court exercised its discretion to grant bail, setting...
Source-derived case information.
- Citation
- [2015] KEHC 1634 (KLR)
- Parties
- Respondent: Republic; Applicant: Lucy Nduta Mwangi Alias Caro
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 35 of 2015
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- bail granted
- Legal Topics
- Bail Pending Trial, Murder Charge, Flight Risk, Health Conditions in Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Lucy Nduta Mwangi Alias Caro
Applicant
Procedural Posture
Criminal Case / Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a murder charge.
- 2 Whether the accused poses a flight risk or danger to the public.
- 3 Whether the accused's health conditions warrant bail.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bail, especially since the prosecution did not oppose the application. The accused demonstrated strong family ties, no flight risk, and cited health concerns developed while in custody. The court exercised its discretion to grant bail, setting reasonable bond and cash bail terms to ensure the accused's attendance at trial.
Court Disposition
bail granted
Orders
- The accused shall execute a bond of KES 1,000,000 with one surety of the same amount.
- Alternatively, the accused shall pay cash bail of KES 500,000.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 35 OF 2015
REPUBLIC…………………………………………..PROSECUTOR
VERSUS
LUCY NDUTA MWANGI Alias CARO…………………..ACCUSED
RULING
Before me is an application for bail pending hearing and determination of this case. Lucy Nduta Mwangi alia Caro is charged with the murder of Peter Kimani contrary to section 203 read with section 204 of the Penal Code. The offence is alleged to have occurred on 22nd February 2015 in Kosovo area of Mathare Estate. The application is dated 9th July 2015 and in it the accused states that she is not a danger to the public; she has family ties in Kenya and is not a flight risk. She also states that she has developed ulcers, high blood pressure and depression while in custody. The application is not opposed by the prosecution.
I have duly considered the application and the fact that it is not opposed and I hereby grant the same. I set the bail/bond terms as follows:
The accused shall execute a bond of Kenya shillings one million (Kshs 1,000,000) with one surety of the same amount.
Alternatively, the accused shall pay cash bail amounting to Kenya shillings five hundred thousand (Kshs 500,000).
Orders shall issue accordingly.
Dated, signed and delivered this 26th day of October 2015.
S.N.MUTUKU
JUDGE