[2018] KEHC 6240 (KLR)
The court found that the accused, charged with murder, is entitled to bail pending trial as a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010. The prosecution did not oppose the application for bail and, upon review of the witness statements and documentary evidence, the court found no...
Source-derived case information.
- Citation
- [2018] KEHC 6240 (KLR)
- Parties
- Respondent: Republic; Applicant: Margaret Njeri Kamoni
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2018
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Accused admitted to bail pending trial.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Constitutional Rights, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Margaret Njeri Kamoni
Applicant
Procedural Posture
Bail Application / Ruling on Bail 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 the accused bail as required by the Constitution.
Ratio Decidendi
The court found that the accused, charged with murder, is entitled to bail pending trial as a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010. The prosecution did not oppose the application for bail and, upon review of the witness statements and documentary evidence, the court found no compelling reason to deny the accused her right to bail. Accordingly, the accused was admitted to bail on her own personal bond of KShs 500,000 and one surety in like sum.
Court Disposition
Accused admitted to bail pending trial.
Orders
- The accused shall be released upon her own personal bond of KShs 500,000 and one surety in like sum.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL CASE NO 5 OF 2018
REPUBLIC............................................PROSECUTOR
VERSUS
MARGARET NJERI KAMONI.................ACCUSED
R U L I N G
1. The Accused in this case, MARGARET NJERI KAMONI, is charged with murdercontrary tosection 203 (as read with section 204)of thePenal Code.It is alleged in the information dated 19/03/2018 that on 1st March 2018 at Sportsman’s Arms Hotel within Nanyuki Town in Laikipia East Sub-County of Laikipia County within the Republic of Kenya, with others not before court, she murdered one CAROLINE NDUTA CHEGE.
2. On 11th April, 2018 the Accused pleaded not guilty to the charge. Her trial is scheduled to commence on 12/06/2018. The Republic has no objection to her being released on bail pending her trial.
3. Bail pending trial is now a constitutional right that will be denied only for compelling reason; and any conditions for such bail that the court might impose, again by constitutional edict, must be reasonable. See Article 49 (1) (h)of theConstitution of Kenya, 2010.
4. As already noted, the Republic does not oppose the Accused’s release on bail. I have perused the bundle of copies of witness statements and documentary evidence supplied to the defence and to the court by the prosecution. I find therein no compelling reason to deny the Accused her constitutional right to bail.
5. In the circumstances I shall admit the Accused to bail. She shall be released upon her own personal bond of KShs 500,000/00 and one surety in like sum. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 23RD DAY OF MAY 2018
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 12TH DAY OF JUNE 2018