[2021] KEHC 13610 (KLR)
The court found that the prosecution did not advance any compelling reasons to deny bail to the accused persons. The seriousness of the offence alone is not sufficient to deny bail, and the primary consideration is whether the accused are likely to attend court. Since there was no evidence or argument suggesting...
Source-derived case information.
- Citation
- [2021] KEHC 13610 (KLR)
- Parties
- Applicant: Republic; Defendant: Morris Muthui Muteti; Defendant: Luka Kiragu
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E017 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bail
- Outcome
- bail granted with conditions
- Legal Topics
- Bail Application, Compelling Reasons, Right to Bail, Conditions of Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Morris Muthui Muteti
Defendant
Luka Kiragu
Defendant
Procedural Posture
Criminal Case / Ruling on Bail
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial.
- 2 Whether there are compelling reasons to deny bail to the accused persons.
- 3 What conditions, if any, should be attached to the grant of bail.
Ratio Decidendi
The court found that the prosecution did not advance any compelling reasons to deny bail to the accused persons. The seriousness of the offence alone is not sufficient to deny bail, and the primary consideration is whether the accused are likely to attend court. Since there was no evidence or argument suggesting that the accused would abscond or interfere with the trial, the court held that the application for bail was meritorious. The court therefore granted bail to both accused persons, subject to conditions designed to ensure their attendance and prevent interference with witnesses.
Court Disposition
bail granted with conditions
Orders
- Each accused is released on a bond of Kshs 1,000,000 with one surety of a similar amount or a cash bail of Kshs 500,000.
- Sureties to be assessed by the Hon. Deputy Registrar.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COUR OF KENYA AT NAIVASHA
CRIMINAL CASE NO. E017 OF 2021
REPUBLIC.......................................................PROSECUTOR
VERSUS
MORRIS MUTHUI MUTETI.........................1ST ACCUSED
LUKA KIRAGU...............................................2ND ACCUSED
RULING ON BAIL
1. I have heard the defence counsel as well as the prosecutor. The accused persons have a right to be released on bail/bond unless there are compelling reasons not be released. This is underpinned under Article 49 (1) (h)of the Constitution.
2. The prosecution, through learned state counsel Miss Maingi submits that it has no compelling reasons to offer that would warrant the denial of bail to the accused persons. Counsel however asks the court to consider the nature of the offence and to order that the accused persons do not interfere with witnesses.
3. Amongst the reasons a court considers as compelling factor for denial of bail is the seriousness of the offence. However, the omnibus to them all is the assurance that an accused shall attend court. No reason has been advanced that the accused persons are likely to abscond. I therefore find the application meritorious and I grant the following orders.
a) Each of the accused persons is released on a bond of Kshs 1 (one) million with one surety of a similar amount or a cash bail of Kshs 500,000/=.
b) The sureties shall be assessed by the Hon. Deputy Registrar of this court.
c) The accused persons are ordered not to attempt to, or interfere with, prosecution witnesses during the pendency of this trial. In particular, they must not set their foot within North Kinangop or any area where prosecution witnesses live. They shall confine their lives to as far as is possible to their original homes - Machakos and Murang’a respectively.
d) Accused persons must also ensure they attend court at all times failing which the court shall not hesitate to cancel the bond/bail terms.
e) The prosecution to supply the entire trial bundle to the defence within 30 days.
f) Pre-Trial Conference on 3rd May, 2022.
g) Normal mention on 13th January, 2022.
DATED AND DELIVERED AT NAIVASHA THIS 15TH DAY OF DECEMBER, 2021.
G. W. NGENYE-MACHARIA
JUDGE
In the presence of:-
1. Ms. Maingi for the Prosecution
2. Mr. Gichuki for both accused persons
3. Accused persons - both present in court
4. Court Assistant - Quinter Ogutu