[2018] KEHC 3692 (KLR)
The court found that the accused persons are entitled to bond pending trial as there were no compelling reasons presented to deny them bail. The prebail report was favourable, indicating that the accused are suitable candidates for release on bond. To ensure their attendance at trial, the court imposed a bond of...
Source-derived case information.
- Citation
- [2018] KEHC 3692 (KLR)
- Parties
- Applicant: Republic; Defendant: Moses Gitonga Kanunguri; Defendant: Benjamin Kirimi Kanunguri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Bond granted to both accused persons pending trial, subject to conditions.
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release, Surety Requirements
- 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 Gitonga Kanunguri
Defendant
Benjamin Kirimi Kanunguri
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bond pending trial for the offence of murder.
- 2 Whether the prebail report supports the release of the accused persons on bond.
- 3 What conditions should be imposed to ensure the accused persons attend court.
Ratio Decidendi
The court found that the accused persons are entitled to bond pending trial as there were no compelling reasons presented to deny them bail. The prebail report was favourable, indicating that the accused are suitable candidates for release on bond. To ensure their attendance at trial, the court imposed a bond of Kshs. 500,000 each with one surety of a similar amount for each accused. The suitability of the sureties is to be examined by the Deputy Registrar before release.
Court Disposition
Bond granted to both accused persons pending trial, subject to conditions.
Orders
- Each accused person to be released on a bond of Kshs. 500,000 plus one surety of similar amount.
- Sureties to be examined by the Deputy Registrar for suitability.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 36 OF 2015
REPUBLIC...................................................PROSECUTOR
-VS-
MOSES GITONGA KANUNGURI.............1ST ACCUSED
BENJAMIN KIRIMI KANUNGURI...........2NDACCUSED
Ruling
The accused persons, Moses Gitonga Kanunguri and Benjamin Kirimi Kanunguri were charged with the offence of murder contrary to section 203 as read with section 204 of the penal code cap 63 Laws of Kenya.
Particulars are that on 11th April, 2015 at Kongotiame village, Kabachi Location in Igember North Subcounty within Meru County the accused persons jointly murdered Josephat M’Uthaka.
Upon the accused persons pleading not guilty to the offence of murder, application for bond pending trial was made by the accused persons’ advocate. The prebail report filed in court is favourable to the accused persons release on bond. The accused persons maybe released on a bond of Kshs. 500, 000/= each plus one surety of similar amount each.
Sureties to be examined by the Deputy Registrar for suitability to ensure accused persons attend court as and when required
HON. A.ONG’INJO
JUDGE
Ruling signed, Delivered and Dated this 27th Day of September 2018.
In the presence of:
C/A: Penina
Mr Mutunga Advocate holding brief for Mr Muthamia for accused persons.
Mrs Mwathi for state.
A1 – Present
A2 – Present in person.
Order
Hg 4. 10. 2018
HON. A.ONG’INJO
JUDGE