[2016] KEHC 5621 (KLR)
The court found that there were no compelling reasons to deny bail to the 1st and 3rd accused persons, as the prosecution did not oppose their applications and the court, upon reviewing the witness statements and other documents, found no basis to withhold bail. The 2nd accused, having conceded to being a flight...
Source-derived case information.
- Citation
- [2016] KEHC 5621 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Mwaura Mwaniki; Defendant: Lukas Karuru Gathuru; Defendant: Joseph Githinji Ngugi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Bail granted to 1st and 3rd accused; 2nd accused to remain in custody.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Flight Risk, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Mwaura Mwaniki
Defendant
Lukas Karuru Gathuru
Defendant
Joseph Githinji Ngugi
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the 1st and 3rd accused persons should be granted bail pending trial.
- 2 Whether there exist compelling reasons to deny bail to the 1st and 3rd accused.
- 3 Whether the 2nd accused is a flight risk warranting denial of bail.
Ratio Decidendi
The court found that there were no compelling reasons to deny bail to the 1st and 3rd accused persons, as the prosecution did not oppose their applications and the court, upon reviewing the witness statements and other documents, found no basis to withhold bail. The 2nd accused, having conceded to being a flight risk due to a pending charge of escaping from lawful custody, withdrew his application for bail. The court therefore admitted the 1st and 3rd accused to bail on their own cognizance with a surety, while the 2nd accused was to remain in custody during the trial.
Court Disposition
Bail granted to 1st and 3rd accused; 2nd accused to remain in custody.
Orders
- The 1st and 3rd accused shall be admitted to bail upon their personal cognizance in the sum of KShs 300,000 and one surety each in like sum.
- The 2nd accused shall remain in custody during the trial.
Full Case Text
Judgment text and source record
18 paragraphs
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 31 OF 2015
REPUBLIC.……………………………………………...PROSECUTOR
VERSUS
PETER MWAURA MWANIKI
LUKAS KARURU GATHURU
JOSEPH GITHINJI NGUGI ………................………….……ACCUSED
R U L I N G
1. The accused persons herein, Peter Mwaura Mwaniki (1st Accused), Lucas Karuru Gathuru (2nd Accused) and Joseph Githinji Ngugi (3rd Accused) are charged with murdercontrary to sections 203and204 of the Penal Code. It is alleged in the information dated 23/09/2015that on 30/12/2014 at about 17. 30 hours at Kigio Village in Gatanga Sub-County within Murang’a County, they jointly murdered John Koroma Karuru. On 23/09/2015 the accused persons pleaded not guilty to the charge. Their trial was scheduled to start on 14/03/2016, but the Judge was then away on leave. The trial will be shortly re-scheduled.
2. In the meantime the accused persons applied by notice of motion dated 26/10/2015to be admitted to bail pending trial. The Republic did not oppose the application in respect of the 1st and 3rd Accused; but it opposed the application in respect to the 2nd Accused (Lucas Karuru Gathuru) upon the ground that he is a flight risk.
3. On 09/03/2016 the 2nd Accused withdrew his application for bail upon conceding that he was facing a charge of escaping from lawful custody in a magistrate’s court. That left only the 1st and 3rd Accuseds’ applications.
4. Bail pending trial is now a constitutional right that will be denied only for compelling reason; and any conditions the court might impose for such bail must be reasonable. See Article 49(1) (h) of the Constitution of Kenya, 2010.
5. As already stated, the Republic does not oppose bail for the 1st and 3rd Accused. I have read the witness statements and other documents supplied to the accused persons and to the court by the prosecution. I do not find any compelling reason to deny the 1st and 3rd Accused bail. They shall be admitted to bail upon their personal cognizance in the sum of KShs 300,000/00 and one surety each in like sum. It is so ordered.
7. The 2nd Accused, Lukas Karuru Gathuru, shall remain in custody during the trial.
DATED, SIGNED AT MURANG’A THIS 21ST DAY OF APRIL 2016
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 22ND DAY OF APRIL 2016