Republic v Peter Nzuki Muthini [2021] KEHC 6305 (KLR)
- Citation
- [2021] KEHC 6305 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- MM Kasango
- Case number
- Criminal Case 40 of 2020
- Language
- English
More details
- Court
- High Court
- Panel
- MM Kasango
- Case number
- Criminal Case 40 of 2020
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Peter Nzuki Muthini
Applicant Counsel: Mr. MamboRepublic
Respondent Counsel: Mr. KasyokaAmounts and remedies
- Bond Amount: KES 1,000,000
03
Procedural history
Posture
Criminal Case / Bail Application Ruling
04
Questions and positions
Legal issues
- 01
Whether the accused is entitled to bail pending trial for a charge of murder.
- 02
Whether there are compelling reasons to deny the accused bail.
Party arguments
- Applicant
- The applicant seeks bail pending trial, highlighting his humble background, family responsibilities, and support from his family for lenient bail terms.
- Respondent
- The prosecution, relying on the pre-bail probation report, opposes bail on the grounds that the victim's family is still mourning and objects to the accused's release.
05
Court’s reasoning
Legal principles
- 01
REPUBLIC VS. ROBERT ZIPPORT NZILU (2018) eKLR; CRIMINAL APPLICATION NO. 319 OF 2002 PRISCILLA JEMUTAI KOLONGE VS. REPUBLIC
The seriousness of the offence and the severity of the punishment are relevant considerations in bail applications, as they may increase the risk of absconding.
- 02
Constitution of Kenya, Article 49(1)(h)
Bail is a constitutional right unless there are compelling reasons to deny it.
06
Ratio, limits and disposition
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.
Obiter and limits
- The gravity of the offence and the potential punishment are factors to be considered, but they do not automatically justify denial of bail.
Court disposition
Bail granted.
- The accused, Peter Nzuki Muthini, is released on bond of Kshs.1,000,000 with two sureties of similar amount pending trial.
Source and reliance status
High Court
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Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
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
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