[2021] KEHC 6523 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The probation report indicated that the accused is supported by her family and community and has committed to attending her trial. The prosecution did not oppose the application, and the court had no reason...
Source-derived case information.
- Citation
- [2021] KEHC 6523 (KLR)
- Parties
- Respondent: Republic; Applicant: Mary Anne Nyambura Nganga
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E010 of 2021
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- MM Kasango
- Legal Topics
- Bail Application, Pretrial Release, Compelling Reasons, Attendance at Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Mary Anne Nyambura Nganga
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial.
- 2 Whether there are compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The probation report indicated that the accused is supported by her family and community and has committed to attending her trial. The prosecution did not oppose the application, and the court had no reason to doubt the accused's sincerity. The constitutional right to bail and the primary consideration of attendance at trial were emphasized, leading the court to grant bail with conditions.
Court Disposition
bail_granted
Orders
- Mary Anne Nyambura Ng'ang'a is granted bond of Kshs. 250,000 and one surety of similar amount.
- The accused shall not interfere with the prosecution’s witnesses.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E010 OF 2021
BETWEEN
REPUBLIC...........................................................................................PROSECUTOR
VERSUS
MARY ANNE NYAMBURA NGANGA....................................................ACCUSED
RULING
1. MARY ANNE NYAMBURA NGANGAwas charged in this matter, with murder contrary to Section 203 as read with Section 204 of the Penal Code. She pleaded not guilty. Her trial is yet to commence. She applied for bail.
2. I have considered the pre-bail in the probation report. It portrays the accused as a young lady of 22 years who comes from a very close knit family. The accused seems to have the support of her family and community in general in her application for bail.
3. Article 49(1)(h) of the Constitution provides that an arrested person has right to be released on bond/bail on reasonable condition, pending charge or trial unless there are compelling reasons not to be released.
4. There are no compelling reasons shown to the court, why the accused should not be released pending her trial. The prosecution did not oppose the bail application.
5. The primary consideration when a bail application is made is whether the accused will attend trial. This was reiterated in the case REPUBLIC VS. ROBERT ZIPPOR NZILU (2018) eKLR.
“I associate myself with the view expressed byMuriithi, JinKELLY KASES BUNJIKA VS. REPUBLIC(supra) that:
‘It is clear that the primary consideration for bail is whether the accused will attend his trial for the charges facing him, and it must, therefore, be a compelling reason if it is demonstrated that “the accused person is likely to fail to attend court proceedings”. The question in this matter becomes whether there is, on a balance of probabilities evidence that the accused is likely to abscond. The accused claims to have a good defence to the charge of escape from custody. The nature of such defence and evidence is not disclosed. The accused merely asserts his “constitutional right to be granted Bond/Bail on reasonable and favourable terms.’”
6. The accused has confirmed through the probation officer her commitment to attend her trial. I have no reason to doubt her sincerity.
7. Accordingly, I grant the following orders:-
a. MARY ANNE NYAMBURA NG’ANG’A is granted bond of Kshs.250,000/= and one surety of similar amount.
b. The accused shall not interfere with the prosecution’s witnesses.
RULING DATED and DELIVERED at KIAMBU this 3rd day of JUNE, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant.................................................Ndege
Applicant:......................................................Present
Respondent............................................Mr. Wachira
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE