[2023] KEHC 25517 (KLR)
The court found that there were no compelling reasons presented to deny the accused bail. The prosecution and the investigating officer did not object to bail, and the fears expressed by the victim's family were not substantiated to the level required to override the accused's constitutional right. The court...
Source-derived case information.
- Citation
- [2023] KEHC 25517 (KLR)
- Parties
- Applicant: Republic; Defendant: Michael Nyamai Muteti
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E017 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Accused admitted to bond with conditions.
- Judges
- TM Matheka
- Legal Topics
- Bail Application, Murder Charge, Compelling Reasons, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Michael Nyamai Muteti
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether there are compelling reasons to deny the accused person bail in a murder case.
- 2 Whether the fears expressed by the victim's family are sufficient to warrant denial of bail.
Ratio Decidendi
The court found that there were no compelling reasons presented to deny the accused bail. The prosecution and the investigating officer did not object to bail, and the fears expressed by the victim's family were not substantiated to the level required to override the accused's constitutional right. The court determined that any apprehension could be addressed by imposing appropriate bond conditions to prevent interference with witnesses and ensure attendance at trial.
Court Disposition
Accused admitted to bond with conditions.
Orders
- The accused is admitted to bond of Kshs 150,000 with a surety of similar amount.
- The accused shall not interfere with or contact the witnesses.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Muteti (Criminal Case E017 of 2023) [2023] KEHC 25517 (KLR) (15 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25517 (KLR)
Republic of Kenya
In the High Court at Makueni
Criminal Case E017 of 2023
TM Matheka, J
November 15, 2023
Between
Republic
Prosecutor
and
Michael Nyamai Muteti
Accused
Ruling
1. The accused person is charged with murder contrary to section 203 as read with 204 of the Penal Code. It is alleged that on 14. 9.2023 at around 7. 30pm in Kisaulu Village, Lumu Sublocation, Kasikeu Mukaa Subcounty Location he murdered Agnes Nduku Muli.
2. Plea was taken on October 25, 2023 and he pleaded not guilty to the charge.
3. The prosecution had no objection to the accused being released on bond as is his right under article 49(2) (h) of the Constitution.
4. I sought for a pre bail report from Makueni Prosecution after Care Service. It was filed on November 8, 2023.
5. I have carefully considered the report. The family of the victim express the fear that the accused may interfere with witnesses since he knows them. They also allege that he may be a flight risk. The family of the accused are ready to stand surety for him because they trust that he will show up for the hearing of the case, and is not a flight risk. The local administration (the chief) is also in agreement that the accused is not considered a flight risk on a danger to family /or the community. There is an allegation by the family of the victim that the accused attempted suicide after the alleged offence.
6. The only question here is whether there is any compelling reasons to deny the accused his bond.
7. It is not beyond the court’s understanding that there will be fear and apprehension on the part of the family of the victim - but that can be taken care of through conditions attached to the bond . On all the fears expressed by the family none were considered sufficient by the investigating officer/the prosecution to warrant an objection to bond.
8. In the circumstances the accused person is admitted to bond of Kshs 150,000 with surety of similar amount on condition that;i.He does not interfere /contact the with the witnesses.ii.He attends court as and when required in default the bond terms will be cancelled and he will be remanded in custody.
DATED, SIGNED AND DELIVERED THIS 15TH DAY OF NOVEMBER 2023. …………………………………MUMBUA T. MATHEKAJUDGE