[2017] KEHC 3851 (KLR)
The court found that there were no compelling reasons presented by the State to deny the accused bail. The pre-bail probation report was favourable, indicating the accused was well-behaved and had strong community ties. The family and community supported his release, and there was no opposition to the application....
Source-derived case information.
- Citation
- [2017] KEHC 3851 (KLR)
- Parties
- Respondent: Republic; Applicant: Morris Kirimi Mutua
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2017
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Morris Kirimi Mutua
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that there were no compelling reasons presented by the State to deny the accused bail. The pre-bail probation report was favourable, indicating the accused was well-behaved and had strong community ties. The family and community supported his release, and there was no opposition to the application. The court emphasized the constitutional right to bail and the presumption of innocence, noting that bail's primary purpose is to secure the accused's attendance at trial. Considering the accused's limited financial means, the court granted bail on reasonable terms.
Court Disposition
bail_granted
Orders
- The accused, Morris Kirimi Mutua, is to be released on bail pending trial on provision of his own personal bond of Kshs. 500,000 plus one surety of similar amount.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO. 6 OF 2017
REPUBLIC.............................................PROSECUTOR
versus
MORRIS KIRIMI MUTUA.............................ACCUSED
RULING
1. MORRIS KIRIMI MUTUA (Accused) aged 24 years is facing a charge of murder contrary to section 203 as red with section 204 of the Penal Code. He seeks he be released on bail pending his trial.
2. His learned counsel Mr. Otieno submitted that the court should advance the course of justice by granting the accused bail as provided under Article 49(1)(h) of the constitution because the state had failed to give any compelling reasons why the accused could not be granted bail.
3. Article 49(1)(h) of the Constitution provides that an arrested person has a right:-
“to be released on bond or bail, on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released.”
Justice M. J. Anyara Emukule in the case REPUBLIC V MILTON KABULIT & 6 OTHERS (2011) eKLRdiscussed the principle underlying the granting of bail and stated viz:-
“I understand the principal purpose for the grant of bond or bail is to reinforce cardinal principle of the criminal law procedure as is enshrined in Article 40(2)(a) of the constitution that an accused is presumed innocent until the contrary is proved, and unless there are compelling reasons for not doing so, (Article 49(1)(h)), pending such trial to be released on bond or bail.”
4. The pre-bail probation report is favourable to the accused’s release on bail. In that report the accused was described by the interviewer as well behaved. He has strong community ties. Although the murder victim was the accused’s father, the accused’s family and the community generally are all in favour of the accused release on bail.
5. Since there is no negative view to the accused’s application for bail and because an accused’s right to bail is recognised in our constitution this court will grant bail to the accused. It will however be born in mind that the primary purpose for bail is to ensure an accused person attends his trial. In granting bail this court will bear in mind the limited financial means of the accused and his family.
6. In view of the above this court hereby orders MORRIS KIRIMI MUTUA to be released on bail pending trial on provision of his own person bond of Kshs.500,000 plus one surety of similar amount.
DATED and DELIVERED at NANYUKI THIS 2nd day of AUGUST 2017.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant: Njue
Accused: Morris Kirimi Mutua ………….……..………..….
For Accused ………………………………………………………….
For the State: …............................................................
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE