[2019] KEHC 4973 (KLR)
The court found that the applicant, being similarly situated as his co-accused who had already been granted bond, should be accorded the same treatment. There was no evidence of any threat to the applicant or risk of absconding, and the applicant undertook to comply with all conditions set by the court. Therefore,...
Source-derived case information.
- Citation
- [2019] KEHC 4973 (KLR)
- Parties
- Respondent: Republic; Applicant: Mwangangi Muli
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2017
- Procedural Posture
- Criminal Case / Bail Application Pending Trial
- Outcome
- bail granted on same terms as co-accused
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Pretrial Release, Bond Conditions
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Mwangangi Muli
Applicant
Procedural Posture
Criminal Case / Bail Application Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial.
- 2 Whether the conditions applicable to the co-accused should apply to the applicant.
Ratio Decidendi
The court found that the applicant, being similarly situated as his co-accused who had already been granted bond, should be accorded the same treatment. There was no evidence of any threat to the applicant or risk of absconding, and the applicant undertook to comply with all conditions set by the court. Therefore, the court held that the orders previously granted to the co-accused regarding bond would apply to the applicant as well, ensuring equal treatment and upholding the applicant's right to bail pending trial.
Court Disposition
bail granted on same terms as co-accused
Orders
- The orders of the court in respect of the co-accused regarding bond are to apply mutatis mutandis to the applicant.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 23 OF 2017
REPUBLIC.............................PROSECUTOR
VERSUS
MWANGANGI MULI...................ACCUSED
R U L I N G
1. The Application dated 9th July, 2019is for bail pending trial. The Applicant deposes that he is a married person with five (5) children aged between 16 years and 3 years respectively; there is no threat over his life from the community; he will abide with conditions to be fixed by the Court including reporting to the Investigating Officer and he will attend trial.
2. The Applicant is jointly charged with another who was released on bond on the 17thday of May, 2018. That being the case, the orders of this Court in respect of his Co-Accused will apply Mutatis Mutandisto his case.
3. It is so ordered.
Dated, Signed and Delivered at Kitui this 24th day of July, 2019.
L. N. MUTENDE
JUDGE