[2019] KEHC 4372 (KLR)
The court found that there were no compelling reasons to deny the accused bond, as indicated by the pre-bail report and the lack of opposition from the prosecution. The accused's allegations regarding the retention of his money by the police were dismissed because he failed to respond to the affidavit by PC Michael...
Source-derived case information.
- Citation
- [2019] KEHC 4372 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Mungathia Muriungi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 52 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond granted to the accused; allegations against police dismissed.
- Judges
- A Mabeya
- Legal Topics
- Bail and Bond, Pre Bail Reports, Compelling Reasons, Exhibits Handling
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Mungathia Muriungi
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bond pending trial.
- 2 Whether there are compelling reasons to deny bond to the accused.
- 3 Whether the police improperly retained the accused's money.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bond, as indicated by the pre-bail report and the lack of opposition from the prosecution. The accused's allegations regarding the retention of his money by the police were dismissed because he failed to respond to the affidavit by PC Michael Nyamai, which explained that the confiscated money was to be used as exhibits in the case. The court was satisfied with the explanation provided and found no basis for the allegations of impropriety by the police. Consequently, the accused was granted bond on specified terms.
Court Disposition
Bond granted to the accused; allegations against police dismissed.
Orders
- The accused is granted bond and may be released on a personal bond of KES 400,000 together with a surety of similar amount.
- The allegations of impropriety against the police by the accused are dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CAE NO 52 OF 2019
REPUBLIC.............................................................................DPP
VERSUS
PAUL MUNGATHIA MURIUNGI..........................ACCUSED
R U L I N G
1. The accused applied for bond. The same was not opposed. I have considered the Pre-bail report filed on 18/09/2019. The same shows that there are no compelling reasons in this matter.
2. In the premises. I grant the accused bond. He may be released on a personal bond of kshs. 400,000/= together with a surety of similar amount.
3. As regards the complaints of the accused at to alleged retained of his money by the arresting officers,
4. I have considered the positive averments in the affidavit of Pc Michael Nyamai sworn on 07/08/2019. Although the accused was granted time to respond thereto, he did not do so.
5. Accordingly, the positive averments contained in the affidavit of PC Nyamai remain uncontroverted and unchallenged.
6. PC Nyamai has explained to the satisfaction of this court that what was confiscated are exhibits to be used in this case.
7. In this regard, I am satisfied that the allegations of impropriety on the part of the police by the accused are given basis and are dismissed.
A. MABEYA
JUDGE
19/9/2019