[2020] KEHC 999 (KLR)
The court found that there were no compelling reasons to deny the accused persons bail, as their families had vacated the area where prosecution witnesses reside, and the pre-bail report was favourable. The prosecution did not oppose the application, and the investigating officer confirmed that the accused had...
Source-derived case information.
- Citation
- [2020] KEHC 999 (KLR)
- Parties
- Applicant: Patrick Kamau Ng’ang’a; Applicant: Martin Kamande Nyoike; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Review Application
- Outcome
- application for review of bail denial granted; accused persons released on bond pending trial
- Judges
- MM Kasango
- Legal Topics
- Bail Review, Right to Bail, Compelling Reasons, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Kamau Ng’ang’a
Applicant
Martin Kamande Nyoike
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Review Application
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial after initial denial.
- 2 Whether there exist compelling reasons to deny bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused persons bail, as their families had vacated the area where prosecution witnesses reside, and the pre-bail report was favourable. The prosecution did not oppose the application, and the investigating officer confirmed that the accused had undertaken not to interfere with witnesses. The court, therefore, reviewed and set aside its earlier ruling denying bail and granted the accused persons release on bond with conditions to ensure non-interference with witnesses and residence outside the Kasarani area.
Court Disposition
application for review of bail denial granted; accused persons released on bond pending trial
Orders
- The ruling of this court dated 17th November 2020 is reviewed and set aside.
- Both accused are released pending trial on bond of KSh. 500,000 each with two sureties of similar amounts.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO 28 OF 2020
REPUBLIC.......................................................................................PROSECUTOR
VERSUS
PATRICK KAMAU NG’ANG’A....................................................1ST ACCUSED
MARTIN KAMANDE NYOIKE...................................................2ND ACCUSED
R U L I N G
1. Patrick Kamau Ng’ang’a(1st Accused) and Martin Kamande Nyoike(2nd Accused) had their bail application declined by this court’s Ruling dated 17th November 2020. Both Accused are awaiting their trial for the charge of Murder to commence. We are presently going through the Covid-19 pandemic and consequently live trials are not proceeding before court.
2. Both Accused by their Notice of Motion application dated 19th November 2020 seek review of the Ruling of this court of 17th November 2020. They seek review on the grounds that their families have vacated their residence from Zimmerman area, where the prosecution’s witnesses reside; and on that the pre-bail report is favourable to their release on bail pending trial.
3. The state does not oppose the application for review. On behalf of the state Mr. Kasyoka stated that he had consulted the investigating officer (I.O) Elpus Ngetich, based at Directorate of Criminal Investigation Kasarani who stated that the Accuseds’ application for bail was not opposed because the Accused had undertaken to move their residence from where the prosecution’s witnesses reside. The Investigating Officer also stated that the families of the victim and the Accused are discussing the matter with a view to reach a reconciliation.
4. Having considered the parties’ submissions and because Article 49(1) (h) of the Constitution affords the Accused the right to be released on bond/bail unless there are compelling reason not to be released and because it has been shown that there does not exist compelling reasons to deny the Accused bail, I grant the following Orders:
(a) The Ruling of this court dated 17th November 2020 is hereby reviewed and set aside.
(b) Both Accused are hereby released pending their trial on bond of KSh. 500,000 each with two sureties of similar amounts.
(c) Both Accused shall not interfere with the prosecution’s witnesses and will, during the subsistence of their trial reside outside the Kasarani area.
5. Orders Accordingly.
SIGNED AT KIAMBU AND DELIVERED VIRTUALLY THIS 18 TH DAY OF DECEMBER 2020.
MARY KASANGO
JUDGE
18th December 2020
Before Justice Mary Kasango
C/A - Kevin
1st Accused Patrick Kamau Ng’ang’a –Present
2nd Accused Martin Kamande Nyoike -Present
For Accused – Mr. Njehu
For the state – Mr. Kasyoka
COURT
Ruling virtually delivered in their presence.
MARY KASANGO
JUDGE