[2018] KEHC 7176 (KLR)
The court found that the accused is constitutionally entitled to bail pending trial unless there are compelling reasons to deny it. Upon reviewing the prosecution's witness statements and documents, the court found no compelling reasons to deny bail. Therefore, the accused was granted bail on reasonable terms,...
Source-derived case information.
- Citation
- [2018] KEHC 7176 (KLR)
- Parties
- Applicant: Republic; Defendant: Moses Gicheru Ngugi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- bail granted
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Moses Gicheru Ngugi
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the accused is constitutionally entitled to bail pending trial unless there are compelling reasons to deny it. Upon reviewing the prosecution's witness statements and documents, the court found no compelling reasons to deny bail. Therefore, the accused was granted bail on reasonable terms, specifically a personal bond of KShs 300,000 and one surety of like sum.
Court Disposition
bail granted
Orders
- The accused shall be admitted to bail upon his own bond of KShs 300,000 and one surety in like sum.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 28 OF 2016
REPUBLIC.................................PROSECUTOR
VERSUS
MOSES GICHERU NGUGI..............ACCUSED
R U L I N G
1. The Accused herein, Moses Gicheru Ngugi, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 21/11/2016 that on 26/11/2016 at about 3. 30 a.m. at Kamahuha Trading Centre in Murang’a County, he murdered one Moses Mburu Gitau.
2. On 25/11/2016 the Accused pleaded not guilty to the charge. His trial is scheduled to commence on 04/12/2018. He has in the meantime applied to be admitted to bail by notice of motion dated 14/12/2017. The Republic does not oppose the application.
3. Bail pending trial is now a constitutional right that will be denied only for compelling reason; and any condition that the court might impose for such bail, again by constitutional edict, must be reasonable. See Article 49(1) (h) of the Constitution of Kenya, 2010.
4. I have read through the witness statements and other documents supplied to the Accused and to the court by the prosecution. I do not find anything in them upon which the Accused may properly be denied bail.
5. In the event I will allow the application. The Accused shall be admitted to bail upon his own bond of KShs 300,000/00 and one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 19TH DAY OF APRIL 2018
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 20TH DAY OF APRIL 2018