[2016] KEHC 7737 (KLR)
The court held that bail is a constitutional right for accused persons unless the prosecution demonstrates compelling reasons for refusal. In this case, the prosecution did not oppose the application and failed to present any compelling reasons to deny bail. The court considered the personal circumstances of the...
Source-derived case information.
- Citation
- [2016] KEHC 7737 (KLR)
- Parties
- Applicant: Patrick Ngunzu Muteti; Applicant: Franics Kaimi Benard; Applicant: Duncan Maithya Muteti; Applicant: Nicholas Muthiani Musembi; Applicant: Alfonse Kioko Nzioka; Applicant: Joseph Ndonyo Mutua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2016
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Bail granted to all accused persons pending trial.
- Judges
- EM Muriithi
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Ngunzu Muteti
Applicant
Franics Kaimi Benard
Applicant
Duncan Maithya Muteti
Applicant
Nicholas Muthiani Musembi
Applicant
Alfonse Kioko Nzioka
Applicant
Joseph Ndonyo Mutua
Applicant
Republic
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny bail as required by the Constitution.
Ratio Decidendi
The court held that bail is a constitutional right for accused persons unless the prosecution demonstrates compelling reasons for refusal. In this case, the prosecution did not oppose the application and failed to present any compelling reasons to deny bail. The court considered the personal circumstances of the accused, including their age, occupation, income, fixed abode, and the availability of sureties. The court also referenced conventional bail terms for similar charges. Consequently, the court granted bail to each accused person on the condition that they execute a bond of Ksh.300,000 with three sureties for the same amount and report every 30 days to the Officer Commanding the...
Court Disposition
Bail granted to all accused persons pending trial.
Orders
- Each accused shall execute a bond of Ksh.300,000 with three sureties for the same amount.
- Each accused will every 30 days attend the Officer Commanding the Police Station under whose jurisdiction falls the area where the offence charged herein is alleged to have occurred.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 6 OF 2016
REPUBLIC
VERSUS
1. PATRICK NGUNZU MUTETI
2. FRANICS KAIMI BENARD
3. DUNCAN MAITHYA MUTETI
4. NICHOLAS MUTHIANI MUSEMBI
5. ALFONSE KIOKO NZIOKA
6. JOSEPH NDONYE MUTUA………..ACCUSED
R U L I N G
The ACCUSED who face a murder charge contrary to section 203 as read with section 204 of the Penal Code have made an application for bail pending trial by NOTICE OF MOTION dated 12th May 2016. The same is not opposed by the Director of Public Prosecution.
The Court has taken into account the circumstances of the accused including their age, occupation, income, fixed abode and availability of surety for the attendance to court of the accused during their trial.
I have considered that bail is a constitutional right subject only to demonstration by the Prosecution of compelling reasons for refusal. None has been shown in this case. I have also considered conventional bail terms as ordered by the court in recent times over the same or similar charge. The Court has granted bond terms with one or more sureties together with a direction that the accused attends at reasonable regular intervals the Officer Commanding the Police Station under whose jurisdiction the area where the offence was allegedly committed falls.
Accordingly, the accused persons may be released on bail upon terms as follows:
Each accused shall execute a bond of Ksh.300,000/- with three (3) sureties for the same amount.
Each accused will every 30 days attend the Officer Commanding the Police Station under whose jurisdiction falls the area where the offence charged herein is alleged to have occurred.
The DPP will attend the bail approval proceedings and take the particulars of the sureties for future reference as necessary.
Mention on the pre-trial conference set for 22nd June 2016.
DATED AND DELIVERED THIS 17TH DAY OF MAY 2016.
EDWARD M. MURIITHI
JUDGE
In the presence of: -
Mr. Mutinda for the 1st -3rd Accused/Applicant
Ms. Nyaata for the 4th & 5th Accused/Applicant
Ms. Nyaata for Mr. Makau for the 6th Accused/Applicant
Mr. Machogu for the Republic/Respondent
Mr. Nicholas - Court Assistant.