[2021] KEHC 6537 (KLR)
The court found that there were no compelling reasons to deny the accused bail, especially since the prosecution did not oppose the application. The accused has a fixed abode and has undertaken to attend trial. The court emphasized that the main consideration in bail applications is the assurance that the accused...
Source-derived case information.
- Citation
- [2021] KEHC 6537 (KLR)
- Parties
- Respondent: Republic; Applicant: Newton Waka
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E015 of 2021
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Presumption of Innocence, Compelling Reasons for Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Newton Waka
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the charge of murder.
- 2 Whether there are compelling reasons to deny the accused bail.
- 3 Whether the accused will attend trial if released on bail.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bail, especially since the prosecution did not oppose the application. The accused has a fixed abode and has undertaken to attend trial. The court emphasized that the main consideration in bail applications is the assurance that the accused will attend trial, and in this case, the court had no doubt about the accused's commitment to do so. Therefore, the accused was granted bond with conditions to ensure attendance and non-interference with witnesses.
Court Disposition
bail_granted
Orders
- Newton Waka is granted bond of Kshs.500,000 with one surety of similar amount.
- The accused shall not interfere with the prosecution’s witnesses.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E015 OF 2021
BETWEEN
REPUBLIC....................................................PROSECUTOR
VERSUS
NEWTON WAKA................................................ACCUSED
RULING
1. NEWTON WAKA (the accused) is awaiting his trial for the charge of murder. Unless there are compelling reasons not to release an accused person bail/bond should be granted to an accused pending trial: See Article 49(1)(h) of the Constitution.
2. Article 50(2)(a)provides that an accused person should be presumed innocent until contrary is proved.
3. The accused is said to have a fixed abode where he resides with his family and two children.
4. Accused’s application was not opposed by prosecution. In view of the State’s position on the bail application, and because the main consideration in an application for bail is that there be an assurance an accused will attend trial, as stated in the case of REPUBLIC VS. ROBERT ZIPPOR NZILU (2018) eKLR, and since I have no doubt in the accused undertaking to attend his trial, I will grant him bond.
5. Accordingly, I grant the following orders:-
a. NEWTON WAKA is granted bond of Kshs.500,000/= with one surety of similar amount.
b. The accused shall not interfere with the prosecution’s witnesses.
RULING DATED and DELIVERED at KIAMBU this 3rd day of JUNE, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant: Ndege
Accused: …… Present
For Accused: Mr. Muhita
For DPP : Mr. Kasyoka
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE