[2015] KEHC 6332 (KLR)
The court held that under Article 49(1)(h) of the Constitution, bail pending trial is a constitutional right and may only be denied if compelling reasons are shown. In this case, the prosecution did not present any compelling reasons to oppose bail, nor did the court find any such reasons in the circumstances of the...
Source-derived case information.
- Citation
- [2015] KEHC 6332 (KLR)
- Parties
- Respondent: Republic; Applicant: Nathan Muriuki Mururu
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2013
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Accused admitted to bail pending trial.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Constitutional Rights, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Nathan Muriuki Mururu
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court held that under Article 49(1)(h) of the Constitution, bail pending trial is a constitutional right and may only be denied if compelling reasons are shown. In this case, the prosecution did not present any compelling reasons to oppose bail, nor did the court find any such reasons in the circumstances of the alleged offence. Therefore, the accused was entitled to be released on bail pending trial.
Court Disposition
Accused admitted to bail pending trial.
Orders
- The accused shall be released upon his own recognizance in the sum of KShs 100,000 with two sureties in like sum.
Full Case Text
Judgment text and source record
14 paragraphs
THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 10 OF 2013
REPUBLIC..................................................................PROSECUTOR
VERSUS
NATHAN MURIUKI MURURU...........................................ACCUSED
R U L I N G
1. The Accused herein is charged with murder contrary to section 203as read with section 204 of the Penal Code. It is alleged in the information dated 26th June 2013 that on 12th June 2013 he murdered one Francis Omondi. He pleaded not guilty and is awaiting trial. He was arrested on the 14th June 2014.
2. The Accused has now applied by notice of motion dated 13thMay 2014under Article 49(1) (h) of the Constitution of Kenya, 2010 to be released on bail pending his trial. That application was served upon the prosecution soon after it was filed in May 2014. There is no replying affidavit filed. At the hearing of the application learned Prosecution Counsel urged the court to peruse the copies of witness statements and other evidence the prosecution shall rely upon in the trial to assist in determining if the Accused should be released on bail pending his trial. Copies of the statements and other evidence were also availed to the Accused through his learned counsel. I have indeed perused through all those documents.
3. Under our new Constitution bail pending trial for any offence is now a constitutional right that can be denied only if there are compelling reasonsto do so. See Article 49(1) (h) aforesaid. The prosecution has not urged any compelling reasons to deny the Accused bail. I have not found any such in the circumstances of the commission of the alleged offence as disclosed by the aforesaid material availed to court and the Accused.
4. I will in the circumstances admit the Accused person to bail pending his trial. He shall be released upon his own recognizance in the sum of KShs 100,000/00 with two sureties in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 4TH DAY OF MARCH 2015
H. P. G. WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 6th DAY OF MARCH 2015