[2022] KEHC 3337 (KLR)
The court found that the accused is presumed innocent and entitled to bail unless compelling reasons are presented to deny it. Since the State did not oppose the application and failed to provide any compelling reasons, the court held that the accused should be released on bond. The court also considered the...
Source-derived case information.
- Citation
- [2022] KEHC 3337 (KLR)
- Parties
- Respondent: Republic; Applicant: Joseph Mwangi Macharia
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E048 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Application for bail granted.
- Judges
- MM Kasango
- Legal Topics
- Bail Application, Presumption of Innocence, Compelling Reasons, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joseph Mwangi Macharia
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the accused is presumed innocent and entitled to bail unless compelling reasons are presented to deny it. Since the State did not oppose the application and failed to provide any compelling reasons, the court held that the accused should be released on bond. The court also considered the accused's personal circumstances, including his role as the sole breadwinner for his family, and determined that these factors supported the grant of bail. The court therefore ordered the accused's release on bond with sureties as a means to secure his attendance at trial.
Court Disposition
Application for bail granted.
Orders
- Joseph Mwangi Macharia to be released pending trial on his own bond of Kshs. 500,000 and two sureties of similar amount.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Macharia (Criminal Case E048 of 2021) [2022] KEHC 3337 (KLR) (30 June 2022) (Ruling)
Neutral citation: [2022] KEHC 3337 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E048 of 2021
MM Kasango, J
June 30, 2022
Between
Republic
Prosecution
and
Joseph Mwangi Macharia
Accused
Ruling
1. The accused, Joseph Mwangi Macharia Is facing a charge of murder. On the charge being read out to the accused, he pleaded not guilty.
2. Accused has applied to be released on pre-trial/bond. His application was not opposed by the State.
3. The accused is married with two children. His wife does not engage in gainful employment. Accused is therefore the sole bread winner of that household.
4. The main object of granting pretrial bond/bail is to ensure the accused does attend trial.
5. The Constitution protects accused person’s presumption of innocence and right to bail. The right to bail however is not absolute for an accused can be denied bail if there are compelling reasons not to grant. There are no compelling reasons brought to the attention of the court by the State and accordingly, the prayer of the accused will be granted.
6. I order Joseph Mwangi Macharia to be released pending his trial on his own bond of Kshs.500,000 and two sureties of similar amount.
RULING DATED and DELIVERED at KIAMBU this 30thday of JUNE, 2022. MARY KASANGOJUDGECoram:Court Assistant : MouriceAccused : Joseph Mwangi Macharia : -N/AFor accused : - James MururiFor DPP : Mr. KasyokaRuling delivered virtually.MARY KASANGOJUDGE