[2019] KEHC 3653 (KLR)
The court found that since the prosecution did not oppose the application for bail and confirmed there were no compelling reasons to deny it, the accused was entitled to bail. The court emphasized the constitutional right to bail and the absence of any evidence or argument suggesting the accused would abscond,...
Source-derived case information.
- Citation
- [2019] KEHC 3653 (KLR)
- Parties
- Respondent: Republic; Applicant: Michael Thiong’o Kinyanjui
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 33 oif 20 of 2019
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- application for bail allowed
- Judges
- FM Mutuku
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Michael Thiong’o Kinyanjui
Applicant
Procedural Posture
Criminal Case / Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that since the prosecution did not oppose the application for bail and confirmed there were no compelling reasons to deny it, the accused was entitled to bail. The court emphasized the constitutional right to bail and the absence of any evidence or argument suggesting the accused would abscond, interfere with witnesses, or otherwise compromise the trial. Accordingly, the application for bail was allowed and the accused was admitted to bail on specified terms.
Court Disposition
application for bail allowed
Orders
- The accused shall execute a bond of KES 1,000,000 with one surety of similar amount.
- Alternatively, the accused may pay cash bail of KES 400,000.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 33 OF 2019
REPUBLIC....................................................................PROSECUTOR
VERSUS
MICHAEL THIONG’O KINYANJUI..............................ACCUSED
RULING
By a Notice of Motion dated 17th June 2019 and filed on the same date, the accused seeks to be admitted to bail on reasonable terms pending the hearing and determination of this case. He is facing a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. The grounds in support of the application are found on the face of that application as well as in the supporting affidavit sworn by the accused on 17th June 2019. He states that he has a permanent at Umoja II Zone 9; that he will abide by the terms of the bond/bail; that he will present himself in court when required and that he will not interfere with witnesses.
The application is not opposed. The Prosecution Counsel told the court that after consultations with the Investigating Officer, she had no compelling reasons to oppose this application.
I have considered the application. Since it is not opposed, I have no reason to decline granting the same. I therefore allow the application for bail and admit the accused herein to bail/bond on the following terms:
(i) He shall execute a bond of Kenya Shillings One Million (1,000,000) with one surety of similar amount.
(ii) In the alternative to (i) above, the accused shall pay cash bail amounting to Kenya Shillings Four Hundred Thousand (400,000).
(iii) He shall attend court at all times when required to do so.
(v) He shall not act in any manner that may compromise the fair trial of this case.
Orders shall issue accordingly.
Dated, signed and delivered this 27th day of June 2019.
S. N. Mutuku
Judge