[2020] KEHC 1113 (KLR)
The court found that there were no compelling reasons presented in the witness statements or documentary evidence to deny the accused her constitutional right to bail pending trial. The court emphasized that bail is a constitutional right for all criminal offences unless compelling reasons are shown, and that any...
Source-derived case information.
- Citation
- [2020] KEHC 1113 (KLR)
- Parties
- Applicant: Republic; Defendant: Flora Nduta Maina
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- bail granted
- Judges
- HPG Waweru
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Compelling Reasons, Bail Conditions
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Flora Nduta Maina
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there exist compelling reasons to deny bail to the accused.
- 3 What reasonable conditions should be imposed for the grant of bail.
Ratio Decidendi
The court found that there were no compelling reasons presented in the witness statements or documentary evidence to deny the accused her constitutional right to bail pending trial. The court emphasized that bail is a constitutional right for all criminal offences unless compelling reasons are shown, and that any bail conditions imposed must be reasonable. As the prosecution did not oppose bail and no compelling reasons were identified, the court admitted the accused to bail upon her own cognizance with reasonable conditions to ensure her attendance at trial.
Court Disposition
bail granted
Orders
- The accused shall be admitted to bail upon her own cognizance in the sum of KShs 500,000, plus two sureties in like sum.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Maina (Criminal Case 8 of 2020) [2020] KEHC 1113 (KLR) (9 December 2020) (Ruling)
Republic v Flora Nduta Maina [2020] eKLR
Neutral citation: [2020] KEHC 1113 (KLR)
Republic of Kenya
In the High Court at Nanyuki
Criminal Case 8 of 2020
HPG Waweru, J
December 9, 2020
Between
Republic
Prosecution
and
Flora Nduta Maina
Accused
Ruling
1. The Accused herein, Flora Nduta Maina, is charged with murder contrary to sections 203 & 204 of the Penal Code. It is alleged in the information dated 12/08/2020 that in the night of 19/01/2020 at Mureru area in Kieni East Sub-County within Nyeri County she murdered one Shelmith Wamuyu Ngare.
2. On 07/12/2020 the Accused pleaded not guilty to the charge. Her trial is scheduled to start on 01/02/2021. In the meantime she has asserted her constitutional right to bail pending that trial. The Republic does not oppose bail.
3. Bail pending trial is now a constitutional right for all criminal offences, and it will be denied only for compelling reason; and any condition that the court might impose for such bail, again by constitutional edict, must be reasonable. For all that see Article 49(1) (h) of the Constitution of Kenya, 2010.
4. I have perused the witness statements and documentary evidence, copies of which were supplied by the prosecution to the Accused and to court. I have not found therein any compelling reason to deny the Accused her constitutional right to bail pending trial. The only thing remaining is to impose such reasonable conditions as would ensure that she attends court as and when required for her trial.
5. Consequently the Accused shall be admitted to bail upon her own cognizance in the sum of KShs 500,000/00, plus two (2) sureties in like sum. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 9TH DAY OF DECEMBER 2020H P G WAWERUJUDGEDELIVERED AT NANYUKI THIS 10TH DAY OF DECEMBER 2020