[2022] KEHC 12235 (KLR)
The court found that the Constitution guarantees the right to bail unless compelling reasons are shown. No compelling reasons were presented by the prosecution to justify denial of bail. The court therefore granted bail to the accused, subject to conditions including relocation from Kiambu County and provision of a...
Source-derived case information.
- Citation
- [2022] KEHC 12235 (KLR)
- Parties
- Applicant: Republic; Respondent: Maureen Nyaboke
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E009 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Application for bail allowed.
- Judges
- MM Kasango
- Legal Topics
- Bail Application, Pre Trial Release, Compelling Reasons, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Maureen Nyaboke
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the Constitution guarantees the right to bail unless compelling reasons are shown. No compelling reasons were presented by the prosecution to justify denial of bail. The court therefore granted bail to the accused, subject to conditions including relocation from Kiambu County and provision of a letter from her local chief confirming her identity.
Court Disposition
Application for bail allowed.
Orders
- Maureen Nyaboke to be released on her own bond of Kshs 250,000 and one surety of similar amount.
- Accused shall not reside within Kiambu County while trial is pending.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Nyaboke (Criminal Case E009 of 2022) [2022] KEHC 12235 (KLR) (29 June 2022) (Ruling)
Neutral citation: [2022] KEHC 12235 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E009 of 2022
MM Kasango, J
June 29, 2022
Between
Republic
Prosecutor
and
Maureen Nyaboke
Accused
Ruling
1. Maureen Nyaboke was charged before this court with the offence of murder. She pleaded not guilty.
2. Accused has approached this court with an application dated April 7, 2022 seeking that she be released on reasonable bond/bail terms pending the hearing and determination of her case.
3. The application is premised on the grounds that the accused is innocent until proven guilty; she has spent time in custody; that she has family members who depend on her; and that she has a place of abode in Kangemi, Nairobi County.
4. The Director of Public Prosecutions, Prosecution Counsel Mr Stephen Kasyoka did not oppose bail on condition that the accused does relocate from Kiambu County and she does provide a letter from her local chief which letter will confirm she is known to the said chief.
5. I have considered the application and the affidavit in support of that application. TheConstitution requires under article 50(2)(a) for every accused person to be presumed as innocent until contrary to prove. TheConstitution, under article 49(1(h) protects an arrested/accused person’s right to bail. That right however is not absolute. Article 49(1(h) provides:-“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.”
6. It follows that the cardinal rule of bail is that an arrested person or an accused person should be released to pre-trial detention unless there are compelling reasons not to be released.
7. No compelling reasons were brought to the attention of the court and accordingly, this court shall accede to the application.
Disposition 8. I order Maureen Nyaboke to be released on her own bond of Kshs 250,000 and one surety of similar amounts. Maureen Nyaboke shall not reside within Kiambu County while her trial is pending. Before her release, Maureen Nyaboke shall provide to the Deputy Registrar of this court a letter of her local chief which letter will confirm she is known by that chief.
RULING DATED AND DELIVERED AT KIAMBU THIS 29TH DAY OF JUNE, 2022. MARY KASANGOJUDGECoram:Court Assistant : MouriceAccused : Maureen Nyaboke : - AbsentFor accused : - Mr FarahFor DPP : Mr KasyokaRULING DELIVERED VIRTUALLY.MARY KASANGOJUDGE