[2014] KEHC 471 (KLR)
The court found that, in the absence of any compelling reasons advanced by the prosecution, the accused persons are entitled to bail as a constitutional right. However, given the seriousness of the charge (murder) and the mandatory sentence upon conviction, the court must ensure that the accused will attend trial...
Source-derived case information.
- Citation
- [2014] KEHC 471 (KLR)
- Parties
- Applicant: Republic; Defendant: Nicholas Muthomi Manyara; Defendant: Dennis Muthuri Muguna
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Accused persons granted bail on specified terms.
- Judges
- J Wakiaga
- Legal Topics
- Bail and Bond, Compelling Reasons, Murder Charge, Right to Fair Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nicholas Muthomi Manyara
Defendant
Dennis Muthuri Muguna
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bail as required under Article 49(h) of the Constitution.
Ratio Decidendi
The court found that, in the absence of any compelling reasons advanced by the prosecution, the accused persons are entitled to bail as a constitutional right. However, given the seriousness of the charge (murder) and the mandatory sentence upon conviction, the court must ensure that the accused will attend trial and not abscond. Accordingly, the court imposed stringent bail terms, including a substantial bond amount with sureties, restrictions on movement without the local chief's written consent, and regular mentions before the Deputy Registrar to monitor compliance.
Court Disposition
Accused persons granted bail on specified terms.
Orders
- Each accused person to be released on bond of Kshs. 500,000 with two sureties of like amount.
- Accused persons shall not leave their location without written consent of the local chief, to be filed in court.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 4 OF 2014
REPUBLIC ….................................................................................PROSECUTOR
VERSUS
NICHOLAS MUTHOMI MANYARA
DENNIS MUTHURI MUGUNA...............................................................ACCUSED
RULING
1. The accused persons are charged with the offence of murder to which they have pleaded not guilty.
2. The constitution of Kenya 2010 now provides for the right to bail the accused persons under Article 49(h) unless there is compelling reasons to deny the same bond.
3. It is upon the state to provide these compelling reasons and the prosecution have indicated that there are no compelling reasons to deny the accused bond, it is the duty of the court therefore to assess what is the reasonable bail terms.
4. I must point out that the accused persons are facing the charge of murder where if they are convicted the only available sentence is that of death and therefore the conditions imposed by court must guarantee the attendance of the accused persons at their trial without absconding.
5. I would therefore order that the accused persons be released on bond on the following terms.
a. Bond of Kshs. 500,000/- with two sureties of like amount for each of the accused persons
b.They shall not leave their location without the written consent of the local chief which must be filed in court.
c. They shall attend mention before the Deputy Registrar of this court once after every 30 days at a date to be set by the said Deputy Registrar at the time of approving the bond terms.
Dated, signed and delivered at Nyeri this 16th day of May 2014.
J. WAKIAGA
JUDGE
16/5/14
Coram: Before Justice J. Wakiaga
Court clerk - Ndungu
Mr. Njuguna Kimani for the accused.
Accused person present.
Court: Ruling read in open court in the presence of the above named. The Deputy Registrar to give mention date when approving bond terms.
J. WAKIAGA
JUDGE
16/5/2014