[2019] KEHC 7325 (KLR)
The court found no compelling reasons to deny the accused bail, as the prosecution did not object and the pre-bail report indicated the accused was not a flight risk and had family support. Although the victim's mother objected to bail, she did not provide reasons, and the court noted gaps in the pre-bail report...
Source-derived case information.
- Citation
- [2019] KEHC 7325 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Mugo Mutahi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail Application Prior to Trial
- Outcome
- bail granted with conditions
- Judges
- NA Matheka
- Legal Topics
- Bail Application, Murder Charge, Victim Protection, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Paul Mugo Mutahi
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Prior to Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny bail, including objections from the victim's family.
- 3 Whether the safety and views of the victim's family have been adequately considered in the bail decision.
Ratio Decidendi
The court found no compelling reasons to deny the accused bail, as the prosecution did not object and the pre-bail report indicated the accused was not a flight risk and had family support. Although the victim's mother objected to bail, she did not provide reasons, and the court noted gaps in the pre-bail report regarding the family situation and ages involved. The court emphasized the need to consider the views and safety of victims under the Victim Protection Act but found the objections insufficiently substantiated to override the accused's right to bail. Accordingly, the accused was granted bail with conditions, including a bond and surety, and the requirement to attend court as...
Court Disposition
bail granted with conditions
Orders
- The accused is released on a bond of Ksh. 500,000 plus a surety of a similar amount.
- Sureties must be approved by the Deputy Registrar of the court.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
CRIMINAL CASE NO. 5 OF 2019
REPUBLIC...........................................................PROSECUTION
VERSUS
PAUL MUGO MUTAHI.................................................ACCUSED
RULING
1. The accused person PAUL MUGO MUTAHI is charged with murder contrary to section 203 as read with section 204 of the Penal code. The particulars are that on the 11th day February, 2019 at Kianganda village, Kihugiru Sub Location Othaya Township in Nyeri South Sub-county, within Nyeri County in the Republic of Kenya he murdered JOSEPH MUGO MUTAHI.
2. He pleaded not guilty on the 24th of April 2019.
3. When the matter came for pre-trial on 24th of April of 2019 Mr. Kinuthia appeared for the accused person. He made an application for the accused’s release on bail or bond terms. He submitted that the accused had undertaken to appear in court as and when required and hence is not a flight risk; that the accused has a known permanent abode and permanent employment as a vendor in Othaya town.
4. The prosecution did not have any objections to the application
5. I sought a pre-bail report on the accused which was filed on 8th May 2019. The report outlined the persons interviewed, the views of the community, the investigating officer, the local administration and those of the victims.
6. The probation officer was of the opinion that due to his family ties the accused was not a flight risk and various relatives are willing to stand surety on his behalf.
7. The deceased’s mother, who is also the accused’s wife, objected his release on bail.
8. The Victim Protection Act 2014 seeks to provide for the protection, rights and welfare of victims of offences and as far as it is concerned in relation to bail decision making;
(a) It imposes a duty on the courts to “ensure that every victim is, as far as possible, given an opportunity to be heard and to respond before any decision affecting him or her is taken” and
(b) It gives victims of crime the right “to have their safety and that of their family considered in determining the conditions of bail and release of the offender.
9. The victim’s mother, who is the accused’s wife is in objection to the accused's release on bail, she however did not elaborate on her reasons for objection. It is not clear to the court what her reasons are. However, the report shows that she relocated to Nakuru where she lives with her parents. However, the report has serious gaps. For instance, it says the accused is 20 years old, yet he has a 4 year old child. did he get married at 15? What is the age of the victim? Why does the wife object to his release on bond? This is information that ought to be on record. Nevertheless the prosecution is not opposed to bail or bond and therefore,
10. The following orders issue: -
i. The accused be released on a bond of Ksh. 500,000/= plus a surety of a similar amount;
ii. That the sureties shall be approved by the Deputy Registrar of this court.
iii. That the accused must attend all mentions and hearing dates as may be fixed from time to time during the pendency of this case or when required by the court unless such attendance is dispensed with by the court.
Signed, Delivered and Dated at Nyeri this17th day of May 2019.
Mumbua T Matheka
Judge
In the presence of:
Jerusha: Court Assistant
Mr. Magoma for state
Accused person
N/A for Mr. Kinuthia for accused
Mr. Muchuku Probation Officer
Court: The Probation Officer to avail a further report covering the gaps pointed out by court.
Mention on the 5th June 2019 for pre- trial. Mr. Kinuthia be served with Mention Notice.
Judge