[2019] KEHC 1842 (KLR)
The court found no compelling reason in the prosecution's evidence or witness statements to deny the accused his constitutional right to bail. The right to bail is guaranteed under Article 49(1)(h) of the Constitution, and the prosecution did not object to the application. The court therefore admitted the accused to...
Source-derived case information.
- Citation
- [2019] KEHC 1842 (KLR)
- Parties
- Respondent: Republic; Applicant: Patrick Marwa
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail Pending Trial
- Outcome
- Bail granted to the accused pending trial.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Patrick Marwa
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found no compelling reason in the prosecution's evidence or witness statements to deny the accused his constitutional right to bail. The right to bail is guaranteed under Article 49(1)(h) of the Constitution, and the prosecution did not object to the application. The court therefore admitted the accused to bail on reasonable terms, emphasizing that denial of bail must be justified by compelling reasons, which were absent in this case.
Court Disposition
Bail granted to the accused pending trial.
Orders
- The accused shall be released upon his own cognizance in the sum of KShs 500,000 plus two sureties in like sum.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO 10 OF 2019
REPUBLIC......................................PROSECUTOR
VERSUS
PATRICK MARWA...............................ACCUSED
RULING ON BAIL
1. The Accused in this case, PATRICK MARWA, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 13/05/2019 that on 04/05/2019 at the Administration Police Line Two (AP Line 2) within Maralal Town in Samburu County, he murdered one DUNCAN CHERUIYOT.
2. The Accused’s plea was taken on 28/10/2019. He pleaded not guilty. Hearing of the case is scheduled to commence on 17/02/2020. In the meantime the Accused has asserted his constitutional right to bail pending trial. The Republic has no objection to such bail.
3. Bail pending trial is now a constitutional right for all criminal offences that may be denied only for compelling reason; and any condition for such bail that the court might impose, again by constitutional edict, must be reasonable. For all this see Article 49(1) (h) of the Constitution of Kenya, 2010.
4. I have perused the witness statements and other documentary evidence, copies of which have been supplied to the Accused and to the court by the prosecution. I cannot find any compelling reason there to deny the Accused bail.
5. I will in the event admit the Accused to bail. He shall be released upon his own cognizance in the sum of KShs 500,000/00 plus two (2) sureties in like sum. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 20TH DAY OF NOVEMBER 2019
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 21ST DAY OF NOVEMBER 2019