[2020] KEHC 4061 (KLR)
The court found that the accused persons are entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010. After reviewing the prosecution's evidence and witness statements, the court found no compelling reason to deny bail. The court also considered the age of the 2nd...
Source-derived case information.
- Citation
- [2020] KEHC 4061 (KLR)
- Parties
- Applicant: Republic; Defendant: Martin Mutuma; Defendant: Victor Murithi; Defendant: Philemon Kasaine
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2020
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Compelling Reasons, Juvenile Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Martin Mutuma
Defendant
Victor Murithi
Defendant
Philemon Kasaine
Defendant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial for the offence of murder.
- 2 Whether there exist compelling reasons to deny bail to the accused persons.
- 3 What are the appropriate and reasonable bail terms for each accused person, including a minor.
Ratio Decidendi
The court found that the accused persons are entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010. After reviewing the prosecution's evidence and witness statements, the court found no compelling reason to deny bail. The court also considered the age of the 2nd accused, Victor Murithi, who is a minor, and tailored the bail terms accordingly. The court held that the bail terms must be reasonable and proportionate to the circumstances of each accused. Consequently, the court admitted the 1st and 3rd accused to bail on their own cognizance with a surety, and the 2nd accused (a minor) was released on a surety bond, with an additional bond to be...
Court Disposition
bail granted
Orders
- The 1st and 3rd accused persons shall be admitted to bail upon their own personal cognizance in the sum of KShs 500,000 plus one surety each in like sum.
- The 2nd accused shall be released upon one surety executing a bond of KShs 300,000. Once he attains majority, he shall additionally execute his own bond of KShs 300,000.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL NO 6 OF 2020
REPUBLIC...............................................PROSECUTOR
VERSUS
1. MARTIN MUTUMA
2. VICTOR MURITHI
3. PHILEMON KASAINE..............................ACCUSED
RULING ON BAIL
1. The three Accused persons herein, MARTIN MUTUMA, VICTOR MURITHIandPHILEMON KASAINE, are charged with murder contrary to sections 203and204 of the Penal Code. It is alleged in the information dated and filed in court on 07/07/2020 that in the night of 20/06/2020 at Riverside area of Timau Township in Buuri Sub-county within Meru County, jointly with others not before the court, they murdered one BRIAN KIMATHI.
2. On 15/07/2020 the Accused persons pleaded not guilty to the charge. Their trial is scheduled for 8th and 9th December 2020. In the meantime they have, through their learned counsels, asserted their constitutional right to bail pending their trial. The Republic has no objection.
3. Bail pending trial (for all criminal offences) is now a constitutional right that will be denied only for compelling reason; and further, again by constitutional edict, any condition that the court might impose for such bail must be reasonable. For all this see Article 49(1) (h) of the Constitution of Kenya, 2010.
4. I have perused the copies of witness statements and documentary evidence supplied by the prosecution to the Accused persons and to the court. I find no compelling reason therein to deny them bail. I have also noted that the 2nd Accused, Victor Murithi, is a minor who is just shy of 18 years. He is said to have been born on 17th August 2002; but I note that there is now in the court record his original birth certificate. It shows he was born on 19thSeptember 2002.
5. I will in the circumstances admit the Accused persons to bail upon the following terms-
a. The 1st and 3rd Accused persons shall be admitted to bail upon their own personal cognizance in the sum of KShs 500,000/00 plus one surety each (different) in like sum.
b. The 2nd Accused shall be released upon one surety executing a bond of KShs 300,000/00. Once he attains majority, he shall additionally execute his own bond of KShs 300,000/00. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 20TH DAY OF JULY 2020
H.P.G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 23RD DAY OF JULY 2020