[2025] KEHC 2638 (KLR)
The court found that there were no compelling reasons to deny the accused person bond, as required by Article 49(1)(h) of the Constitution of Kenya. The objection by the accused's family regarding the home environment was not considered a compelling reason. The presumption of innocence under Article 50(2)(a) further...
Source-derived case information.
- Citation
- [2025] KEHC 2638 (KLR)
- Parties
- Applicant: Republic; Defendant: Wilson Mwangula Mwalumbo
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E003 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond granted to the accused person.
- Judges
- AN Ongeri
- Legal Topics
- Bail and Bond, Presumption of Innocence, Compelling Reasons, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Wilson Mwangula Mwalumbo
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused person should be released on bond pending trial for a murder charge.
- 2 Whether objections by the accused's family regarding the home environment constitute compelling reasons to deny bond.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused person bond, as required by Article 49(1)(h) of the Constitution of Kenya. The objection by the accused's family regarding the home environment was not considered a compelling reason. The presumption of innocence under Article 50(2)(a) further supported the accused's right to bond. The probation report was generally favourable, and the prosecution did not oppose the application. Therefore, the accused was entitled to be released on bond with reasonable conditions.
Court Disposition
Bond granted to the accused person.
Orders
- The accused person is released on a bond of Kshs. 500,000 with one surety of a similar amount pending the hearing and determination of his case.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Mwalumbo (Criminal Case E003 of 2022) [2025] KEHC 2638 (KLR) (25 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2638 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Case E003 of 2022
AN Ongeri, J
February 25, 2025
Between
Republic
Prosecutor
and
Wilson Mwangula Mwalumbo
Accused
Ruling
1. The learned defence Counsel made an application for the release of the Accused person on a reasonable bond upon the Accused person taking a plea of Not Guilty on the murder charge he is facing.
2. The court called for a Probation Officer’s report which has been duly filed.
3. The Probation report dated 17th February 2025 is favourable except for an objection raised by the Accused person’s immediate family members who requested that the Accused person continues with the case while in remand as they put in place measures to make the environment at home more conducive for his release.
4. It is not clear what they mean by the statement that the home environment is not fully conducive.
5. The prosecution is not opposed to the release of the Accused person on reasonable bond.
6. The Constitution of Kenya 2010 made all offences bailable. Article 49(1)(h) states as follows:-“An arrested person has the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.”
7. In this case, I find that there are NO compelling reasons to warrant the Accused person to be held in custody.
8. Every Accused person is presumed innocent until proved guilty according to Article 50(2)(a).
9. The issue of a conducive environment at the home of the Accused person is not a compelling reason to deny the Accused person bond.
10. I release the Accused person on a bond of Kshs. 500,000/= with one surety of similar amount pending the hearing and determination of his case.
DATED, SIGNED AND DELIVERED THIS 25TH DAY OF FEBRUARY 2025 VIRTUALLY VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: MainaMr. Mwawasi for the AccusedAccused present at Manyani GK Prison