[2016] KEHC 6716 (KLR)
The court held that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010, and may only be denied for compelling reasons. Upon reviewing the prosecution's materials, the court found no compelling reason to deny bail to the accused, who is charged with murder. The prosecution did...
Source-derived case information.
- Citation
- [2016] KEHC 6716 (KLR)
- Parties
- Respondent: Republic; Applicant: Marcus Mukundi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Application for bail pending trial allowed.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Marcus Mukundi
Applicant
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.
Ratio Decidendi
The court held that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010, and may only be denied for compelling reasons. Upon reviewing the prosecution's materials, the court found no compelling reason to deny bail to the accused, who is charged with murder. The prosecution did not oppose the application, and there was no evidence presented to suggest that the accused posed a flight risk or would interfere with witnesses. Therefore, the accused was entitled to bail on reasonable terms.
Court Disposition
Application for bail pending trial allowed.
Orders
- The accused shall be admitted to bail upon his own cognizance in the sum of KShs 300,000 and one surety in like sum.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 21 OF 2014
REPUBLIC.…………….PROSECUTOR
VERSUS
MARCUS MUKUNDI……….ACCUSED
R U L I N G
1. Further to the preliminary ruling herein dated 11th and delivered on 20th November 2015, this is the substantive ruling on the Accused’s application for bail pending trial.
2. The Accused, Marcus Mukundi, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. On 30/10/2014 he pleaded not guilty; his trial was scheduled to commence on 23/03/2015 but the court was subsequently informed that there were negotiations going on towards a plea-bargain agreement. No such agreement has been reached yet, and on 24/11/2015 the court was informed by the learned Principal Prosecution Counsel that there were some proceedings in Parliament that touched on this case that he wanted to look at in order to decide on how to proceed with the matter.
3. The Republic does not oppose the Accused’s release on bail.
4. Bail pending trial is now a constitutional right for all offences that will be denied only for compelling reason. Any condition for such bail must be reasonable. For all these see Article 149(1) (h) of the Constitution ofKenya, 2010. I have perused the witness statements and other documents provided to the Accused and to the court by the prosecution. I do not find therein any reason to deny the accused bail.
5. In the event I will allow the notice of motion dated 21/09/2015. The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 300,000/00 and one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 25TH DAY OF FEBRUARY 2016
H.P.G. WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 26TH DAY OF FEBRUARY 2016