[2023] KEHC 22755 (KLR)
The court found that the prosecution had not established any compelling reasons to deny the accused persons bail. The pre-bail reports indicated that the accused had previously complied with bond terms in a related case and that their family was supportive and willing to ensure their attendance at court. Although...
Source-derived case information.
- Citation
- [2023] KEHC 22755 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Kamau Njuguna; Defendant: Kennedy Waweru Njuguna
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E022 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Application for bail allowed.
- Judges
- PM Mulwa
- Legal Topics
- Bail Application, Murder Charge, Compelling Reasons, 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
Daniel Kamau Njuguna
Defendant
Kennedy Waweru Njuguna
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused persons bail as required by Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the prosecution had not established any compelling reasons to deny the accused persons bail. The pre-bail reports indicated that the accused had previously complied with bond terms in a related case and that their family was supportive and willing to ensure their attendance at court. Although the deceased's family expressed concerns about possible interference with witnesses, there was no evidence presented to substantiate these fears. The court emphasized that the right to bail is constitutionally guaranteed unless compelling reasons are shown, and none were established in this case. Therefore, the application for bail was allowed, subject to conditions to ensure...
Court Disposition
Application for bail allowed.
Orders
- Each accused person may be released on a bond of Kshs 1,000,000 with one surety of a similar amount.
- The accused persons shall not interfere with witnesses.
Full Case Text
Judgment text and source record
30 paragraphs
Republic v Njuguna & another (Criminal Case E022 of 2023) [2023] KEHC 22755 (KLR) (28 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22755 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E022 of 2023
PM Mulwa, J
September 28, 2023
Between
Republic
Prosecution
and
Daniel Kamau Njuguna
1st Accused
Kennedy Waweru Njuguna
2nd Accused
Ruling
1. According to the information filed in court on July 3, 2023, the two accused persons herein were charged with the offence of murder contrary to section 203 as read together with section 204 of the Penal Code. The particulars of the offence are that on the 27th day of June 2019 at Murera Area in Juja Sub-county within Kiambu County, jointly with others not before court they murdered No 107xxx PC Stephen Kairu.
2. According to the court records the accused persons underwent mental assessment on July 11, 2023 and were found fit to plead.
3. They both took plea on July 12, 2023 and denied the charge. A plea of not guilty was entered.
4. Mr Mugo, counsel for both accused persons urged the court to grant them reasonable bail terms. He submitted that initially the accused persons had been charged in Kiambu CM’s Criminal Case No 1813 of 2019 where they had been granted bond and had faithfully attended court. Counsel contended that the accused were not a flight risk.
5. Mr Muriuki, the state counsel informed the court that he was aware that the accused had been charge with the offence of robbery with violence in the lower court and that that case had been withdrawn. He urged the court to call for pre-bail reports for guidance.
6. Pre-bail reports in respect of each accused person were filed on August 29, 2023. The reports note that the accused persons are brothers and the family is supportive and willing to deposit securities for their release on bond and ensure they attend court whenever required. The deceased was a police officer and the family has undergone psychological, social and financial trauma since his demise. The family would wish that the accused remain in custody and the hearing of the case be expedited citing the possibility of interfering with witnesses.
7. Article 49(1)(h) of the Constitution provides that: -"An accused person has the right…: -(h)to be released on bond or bail, on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released."
8. The right to bail is not absolute and may be denied if there are compelling reasons established by the prosecution.
9. In this case the prosecution has no compelling reasons to oppose bail. The family of the accused is willing to ensure the accused complies with the set conditions and attends court when required.
10. The Kenya Judiciary’s Bail and Bond Policy Guidelines, March 2015 at p 25 sets out judicial policy on bail as follows: -The following procedures should apply to the bail hearing: -a.That the accused person is likely to fail to attend court proceedings; orb.That the accused person is likely to commit, or abet the commission of, a serious offence; orc.That the exception to the right to bail stipulated under Section 123A of the Criminal Procedure Code is applicable in the circumstances; ord.That the accused person is likely to endanger the safety of victims, individuals or the public; ore.That the accused person is likely to interfere with witnesses or evidence; orf.That the accused person is likely to endanger national security; org.That it is in the public interest to detain the accused person in custody.
11. The pre-bail report states that the two accused had been charged with the offence of robbery with violence in the lower court but they were later discharged under section 87A CPC. That during the pendency of the lower court case, they attended court without fail.
12. Considering the circumstances of this case and in the absence of any compelling reasons, I allow the application for the release of the accused on bail pending trial.
13. The accused persons, may each be released on a bond of Kshs 1,000,000/= with one surety of a similar amount. And they shall not interfere with witnesses.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 28TH DAY OF SEPTEMBER, 2023. ......................P.M. MULWAJUDGE