[2023] KEHC 21588 (KLR)
The court found that there were no compelling reasons advanced by the prosecution to deny the accused bail. The pre-bail report confirmed that the accused has a fixed abode, supportive family, and is not a flight risk. The community, area administration, and victim’s family did not oppose her release on bail. The...
Source-derived case information.
- Citation
- [2023] KEHC 21588 (KLR)
- Parties
- Applicant: Republic; Defendant: Salome Gathoni Njoroge Alias Wacharity
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E015 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted
- Judges
- PM Mulwa
- Legal Topics
- Bail Application, Murder Charge, Pre Bail Report, Right to Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Salome Gathoni Njoroge Alias Wacharity
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that there were no compelling reasons advanced by the prosecution to deny the accused bail. The pre-bail report confirmed that the accused has a fixed abode, supportive family, and is not a flight risk. The community, area administration, and victim’s family did not oppose her release on bail. The court applied Article 49(1)(h) of the Constitution, which guarantees the right to bail unless compelling reasons are shown. As none were presented, the court allowed the application for bond and set reasonable bail terms.
Court Disposition
bail granted
Orders
- The accused person is to be released on a bond of Kshs 500,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Njoroge alias Wacharity (Criminal Case E015 of 2023) [2023] KEHC 21588 (KLR) (27 July 2023) (Ruling)
Neutral citation: [2023] KEHC 21588 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E015 of 2023
PM Mulwa, J
July 27, 2023
Between
Republic
Prosecution
and
Salome Gathoni Njoroge Alias Wacharity
Accused
Ruling
1. The accused person Salome Gathoni Njoroge alias Wacharity was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code, in that on the night of April 4, 2023 at Kirenga Location in Lari Sub-County within Kiambu County, murdered Peter Ngige Waweru.
2. The charges were read over and particulars explained to the accused person on May 9, 2023. She denied the charge and a plea of not guilty was entered. Mr. Ombengi counsel for the accused person applied to have the accused person released on reasonable bail terms.
3. The state counsel Mr Gacharia did not oppose the accused being released on bond but urged the court to call for a pre-bail report. A pre-bail report was filed on June 16, 2023.
4. The pre-bail report describes the accused person as having a supportive family and a fixed abode and hence not a flight risk. Equally the area administration, the victim’s family and the community generally do not oppose her release on bail as long as justice will prevail in the end.
5. The pre-bail reports reinforce the submissions by counsel for the accused person that if granted bail she will abide by the terms thereof.
6. Article 49(1)(h) of the Constitution gives every accused person a right to be released on reasonable bail terms unless there are compelling reasons. No compelling reasons have been advanced and I see no reason to deny accused persons bond. I therefore allow the application for bond.
Final orders:- 7. The accused person is to be released on a bond of Kshs 500,000/= with one surety of a similar amount.
Ruling delivered, dated and signed at KiambuThis 27th day of July, 2023. ………….…………………………P.M. MULWAJUDGEIn the Presence of:Kinyua/Duale – Court AssistantsAccused- presentMr. Gacharia for StateMr. Joshua Ombengi for AccusedPage 2 of 2