[2021] KEHC 6305 (KLR)
Despite the seriousness of the murder charge and the opposition from the victim's family, the court found no compelling evidence or reasons to deny the accused bail pending trial. The court considered the applicant's personal circumstances, the absence of evidence suggesting he would abscond, and the constitutional...
Source-derived case information.
- Citation
- [2021] KEHC 6305 (KLR)
- Parties
- Applicant: Peter Nzuki Muthini; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Probation Report, Judicial Discretion
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Nzuki Muthini
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
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 the accused bail.
Ratio Decidendi
Despite the seriousness of the murder charge and the opposition from the victim's family, the court found no compelling evidence or reasons to deny the accused bail pending trial. The court considered the applicant's personal circumstances, the absence of evidence suggesting he would abscond, and the constitutional presumption of bail. The gravity of the offence alone, without more, was insufficient to justify denial of bail. The court was guided by precedent that emphasizes the need for compelling reasons to override the right to bail, and none were established in this case.
Court Disposition
Bail granted.
Orders
- The accused, Peter Nzuki Muthini, is released on bond of Kshs.1,000,000 with two sureties of similar amount pending trial.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 40 OF 2020
REPUBLIC.............................................................................................PROSECUTOR
VERSUS
PETER NZUKI MUTHINI............................................................................ACCUSED
RULING
1. PETER NZUKI MUTHINI is charged with the offence of murder contrary to Section 203 as read with section 204 of the Penal Code. He seeks bail pending his trial.
2. The pre-bail probation report indicates that the victim’s family is still mourning the death of the deceased. They are against the accused being released on bail.
3. The accused comes from a humble background. He is 41 years old, married with three young children. Members of the accused family are in favour of him being granted lenient bail terms.
4. The charge of murder is indeed serious. I am guided by what was stated in the case REPUBLIC VS. ROBERT ZIPPORT NZILU (2018) eKLR thus:-
“Gravity of the offence as a consideration was appreciated by Mbogholi Msagha, J in CRIMINAL APPLICATION NO. 319 OF 2002 PRISCILLA JEMUTAI KOLONGE VS. REPUBLIC (unreported) at page 3, wherein he held as follows:-
‘However, the nature of the charge or offence and the seriousness of the punishment if the applicant is found guilty must be considered in applications of this nature. I subscribe to the observation that where the charge against the accused is more serious and punishment heavy, there are more probabilities and incentive to abscond, whereas in case of minor offences, there may be no such incentive.’”
5. I am however of the view that there is no compelling evidence before me which would lead me to deny accused bail pending trial.
DISPOSITION
6. I order Peter Nzuki Muthini to be released pending his trial on bond of Kshs.1million and two sureties of similar amount.
RULING DATED, SIGNED and DELIVERED at KIAMBU this 10th day of JUNE, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Ndege
Applicant/Accused : Present
For: Applicant/Accused : Mr. Mambo
Prosecutor : Mr. Kasyoka
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE