[2023] KEHC 19295 (KLR)
The court found no compelling reason to deny bail to the accused persons. However, in consideration of the victim's family's position and to balance the interests of justice, the court ordered that bail be granted only after the testimony of two witnesses from the victim's family. The court set the bond at Ksh....
Source-derived case information.
- Citation
- [2023] KEHC 19295 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Mokaya Motari; Defendant: James Njoroge Muriithi
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E016 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted with conditions.
- Judges
- CM Kariuki
- Legal Topics
- Bail Application, Murder Charge, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Evans Mokaya Motari
Defendant
James Njoroge Muriithi
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial.
- 2 Whether the bail should be conditional upon the testimony of two witnesses from the victim's family.
Ratio Decidendi
The court found no compelling reason to deny bail to the accused persons. However, in consideration of the victim's family's position and to balance the interests of justice, the court ordered that bail be granted only after the testimony of two witnesses from the victim's family. The court set the bond at Ksh. 150,000 with one surety each or a cash bail of Ksh. 100,000, with further conditions including monthly reporting to the nearest DCI offices. The court emphasized the need to protect the integrity of the trial and the interests of the victim's family while upholding the accused's constitutional right to bail.
Court Disposition
Bail granted with conditions.
Orders
- The accused persons are released on a bond of Ksh. 150,000 with one surety each or Ksh. 100,000 cash bail.
- Bail terms to be approved upon tendering evidence of the testimony of two witnesses from the victim's family.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Motari & another (Criminal Case E016 of 2022) [2023] KEHC 19295 (KLR) (3 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19295 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case E016 of 2022
CM Kariuki, J
July 3, 2023
Between
Republic
Prosecutor
and
Evans Mokaya Motari
1st Accused
James Njoroge Muriithi
2nd Accused
Ruling
1. The accused is charged with the offense of murder. They have denied the offense and have sought to be released on bond.
2. The Prosecution has relied on to Post Bail Report (PBR) and victims’ family advocate-drawn affidavit. The victim’s family Lawyer does not oppose the application but urges the court to grant bail after the testimony of two (2) witnesses who are identified and are of the victim’s family settling.
3. I agree with the above proposal, thus ordering that the accused persons be released on a bond of Ksh. 150,000 with one (1) surety each or Ksh. 100,000 cash bail.
4. However, the terms shall be approved upon tendering evidence of the two (2) witnesses from the victim’s family settings.
5. Once released, the appellants will report to the nearest DCI offices every 5th of the subsequent month until further notice.
DATED, SIGNED, AND DELIVERED AT NYAHURURU ON THIS 3RD DAY OF JULY 2023. .................................CHARLES KARIUKIJUDGE