[2022] KEHC 2646 (KLR)
The court found that there were no compelling reasons advanced by the prosecution or the victim's family to deny the accused bond. The probation officer's report indicated no objection from the investigating agency, local administration, or community. The accused's health condition and the support from his family,...
Source-derived case information.
- Citation
- [2022] KEHC 2646 (KLR)
- Parties
- Applicant: Republic; Respondent: PMK
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E049 of 2021
- Procedural Posture
- Criminal Case / Bond Application Ruling
- Outcome
- Application for bond allowed.
- Judges
- RB Ngetich
- Legal Topics
- Murder Charge, Bail and Bond, Compelling Reasons, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
PMK
Respondent
Procedural Posture
Criminal Case / Bond Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bond.
Ratio Decidendi
The court found that there were no compelling reasons advanced by the prosecution or the victim's family to deny the accused bond. The probation officer's report indicated no objection from the investigating agency, local administration, or community. The accused's health condition and the support from his family, including the offer of a title deed as security, were considered. The court emphasized the constitutional right of the accused to be released on bond unless compelling reasons are shown. As none were presented, the application for bond was allowed.
Court Disposition
Application for bond allowed.
Orders
- The accused may be released on bond of Kshs. 1,000,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E049 OF 2021
BETWEEN
REPUBLIC..................................................................................PROSECUTOR
VERSUS
PMK......................................................................................................ACCUSED
RULING
1. The accused was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code the particulars are that, on 13th day of September, 2021 at Kirigiti shopping centre in Kiambu East Sub-County, Kiambu County, he murdered Edward Gichuki Makuti. The charge and its particulars were read and explained to the accused on 7th October, 2021. He pleaded not guilty to the charge and plea of not guilty was entered.
2. The court ordered the probation officer to provide a report on 4/11/2021. The probation officer’s report was filed on 29/11/2021. On 25/1/2022 when the defence counsel applied for bond, the prosecutor indicated that the State is not opposing bond.
3. I have perused the probation officer’s report dated 14/11/2021. I note from the report that the investigating agency, local administration and the community are not opposed to the accused being released on bond. I also note from the report that the accused and his wife are HIV positive and have been on medication for 15 years. From the report, he complained of not getting medication in prison and his health is deteriorating.
4. I also note that the accused’s family have committed to support him in ensuring that he attends court when required. His brother is willing to deposit title deed in court as security.
5. I also note that the victim’s family are opposed to accused being released on bond under any terms. There is no doubt that the victim’s family are pained by the loss/death of their kin. Every accused person is however entitled/has a right to be released on bond unless there are compelling reasons to deny bond. No compelling reasons have been advanced to warrant accused being denied bond.
6. From the foregoing, I do allow the application for bond and proceed to order that accused may be released on bond of Kshs.1m with one surety of a similar amount.
RULING DATED AND DELIVERED AT KIAMBU THIS 26TH DAY OF JANUARY, 2022.
RACHEL NGETICH
JUDGE
CORAM:
COURT ASSISTANT : KINYUA
FOR DPP :- MS. GACHARIA
FOR ACCUSED :- MS. NDEGWA
ACCUSED : PRESENT
COURT
RULING DELIVERED VIRTUALLY.
RACHEL NGETICH
JUDGE