[2019] KEHC 8046 (KLR)
The court found that there were no compelling reasons to deny the accused bail. The pre-bail report was favourable, showing that the accused had family support and a place to stay if released. The prosecution did not oppose the application, and there was no evidence of flight risk or likelihood of interference with...
Source-derived case information.
- Citation
- [2019] KEHC 8046 (KLR)
- Parties
- Applicant: Republic; Defendant: Nickson Aluda
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2019
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail granted
- Judges
- FM Mutuku
- Legal Topics
- Bail Pending Trial, Murder Charge, Pre Bail Report, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Nickson Aluda
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused should be admitted to bail pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bail. The pre-bail report was favourable, showing that the accused had family support and a place to stay if released. The prosecution did not oppose the application, and there was no evidence of flight risk or likelihood of interference with witnesses. Therefore, the accused was entitled to bail pending trial, subject to the conditions set by the court.
Court Disposition
bail granted
Orders
- The accused shall execute a bond of Kshs 500,000 with one surety of similar amount.
- Alternatively, the accused shall pay cash bail in the sum of Kshs 200,000.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 2 OF 2019
REPUBLIC...................................................................PROSECUTOR
VERSUS
NICKSON ALUDA..............................................................ACCUSED
RULING
Nickson Aluda, the accused, is facing a murder charge contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on the 13th of December 2018 at about mid-day in Mukuru Kwa Njenga Estate in Embakasi Sub-County within Nairobi Counth he murdered VM. The accused was arraigned in court on 14th January 2019 to take the plea when the charge was read to him. He pleaded not guilty.
The accused has applied to this court to be admitted to bail pending the hearing and determination of this case. The application is not opposed by the prosecution. I have read the pre-bail report commissioned by this court to inform itself of the social circumstances of the accused. I have noted that the deceased was the daughter of the accused and one Yvonne Nzena who is at large. The deceased was aged 4 months at the time of her death. The probation report was filed on 6th March 2019 and I find it favourable. I have noted that the family members of the accused are supportive of him and are willing to accommodate him at his ancestral home in Shamakhokho in Vihiga County if granted bail.
This court finds no reason not to grant this application and admit the accused to bail/bond. I hereby grant the same and admit the accused to bond in the following terms and conditions:
(i) The accused shall execute a bond of Kshs 500,000 with one surety of similar amount.
(ii) Alternatively, the accused shall pay cash bail in the sum of Kshs 200,000.
(iii) He shall attend court on all days when required to do so until this case is fully determined.
Orders shall issue accordingly.
Delivered, dated and signed this 14th day of March 2019.
S. N. Mutuku
Judge