[2022] KEHC 10322 (KLR)
The court found that the accused, charged with murder, is constitutionally entitled to bail unless compelling reasons are advanced to deny it. The prosecution did not oppose bail, and the probation report indicated the accused is of good conduct and has community support. The victim’s family opposed bail due to...
Source-derived case information.
- Citation
- [2022] KEHC 10322 (KLR)
- Parties
- Applicant: Republic; Respondent: Peter Mutua
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E020 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Application for bond pending trial allowed.
- Judges
- RB Ngetich
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Mutua
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49 of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail pending trial.
Ratio Decidendi
The court found that the accused, charged with murder, is constitutionally entitled to bail unless compelling reasons are advanced to deny it. The prosecution did not oppose bail, and the probation report indicated the accused is of good conduct and has community support. The victim’s family opposed bail due to emotional distress and fear, but no specific compelling reasons were presented. The court noted that parties were engaging in a plea bargain and that the accused’s family was willing to assist with his relocation. In the absence of compelling reasons, the court allowed the application for bond, setting the terms at Kshs. 500,000 with a surety of a similar amount.
Court Disposition
Application for bond pending trial allowed.
Orders
- Accused may be released on bond of Kshs. 500,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Mutua (Criminal Case E020 of 2021) [2022] KEHC 10322 (KLR) (16 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10322 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E020 of 2021
RB Ngetich, J
June 16, 2022
Between
Republic
Prosecution
and
Peter Mutua
Accused
Ruling
1. The accused herein Peter Mutua was charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.
2. Particulars are that, on the 25th day of March, 2021 at Ngoliba in Thika East Sub-County within Kiambu County he murdered Caroline Mutindi Kilonzo.
3. The charge and its full particulars were read over to the accused on 21st April 2021. He denied the charge and its particulars and a plea of not guilty was entered. Ms. Kyalo counsel for the accused applied for the accused to be released on bond pending trial.
4. The State Counsel Mr. Gacharia stated that he was not opposed to accused being released on bond. The court directed the probation officer to prepare a prebail report which was filed on 27th May 2021.
5. I note from the report, that the local administrative stated that the accused is of good conduct, relates well with the community and has not been involved in any criminal activities. The family of the accused is willing to assist the accused person to relocate to Kitui to do farming if released on bail.
6. The victim’s family is however opposed to accused being released on bond. They are hurting and still in mourning and fear for their lives and would like to see justice prevail. I however, note that parties are engaging in a plea bargain. The deceased was the wife of the accused person.
7. The right to bail is a constitutional right enshrined in Article 49 of the Constitution of Kenya. No compelling reasons have been advanced to warrant accused being denied bond/bail pending trial.
8. In the circumstances, I proceed to allow the application for the bond pending trial. The accused is to be released on a bond of Kshs. 500,000/= with a surety of a similar amount.
Final Orders:-1. Application for bond pending trial is hereby allowed.2. Accused may be released on bond of kshs 500,000/= with one surety of a similar amount.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBUTHIS 16TH DAY OF JUNE, 2022. ................................RACHEL NGETICHJUDGEIn the Presence of:Kinyua – Court ClerkMs. Kyalo for the AccusedMr. Gacharia for StateAccused – Present