[2019] KEHC 5565 (KLR)
The court held that the accused is presumed innocent and entitled to bail under Article 49(1)(h) of the Constitution unless compelling reasons are shown. No such reasons were advanced by the prosecution. The court considered the seriousness of the charge (murder), the accused's psychiatric condition, and the...
Source-derived case information.
- Citation
- [2019] KEHC 5565 (KLR)
- Parties
- Respondent: Republic; Applicant: Priscilla Wanjiru Kahora
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 37 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail Pending Trial
- Outcome
- Bail granted with conditions.
- Judges
- K Kimondo
- Legal Topics
- Bail Pending Trial, Compelling Circumstances, Presumption of Innocence, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Priscilla Wanjiru Kahora
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny bail to the accused.
- 3 What conditions, if any, should be attached to the grant of bail.
Ratio Decidendi
The court held that the accused is presumed innocent and entitled to bail under Article 49(1)(h) of the Constitution unless compelling reasons are shown. No such reasons were advanced by the prosecution. The court considered the seriousness of the charge (murder), the accused's psychiatric condition, and the assurance by her sister to supervise medication and clinic attendance. The court found that the risk of absconding or interference with witnesses was not established. Accordingly, the accused was admitted to bail with conditions to ensure her attendance at trial, compliance with medical treatment, and non-interference with witnesses.
Court Disposition
Bail granted with conditions.
Orders
- The accused shall be released upon execution of a bond in the sum of Kshs 300,000 together with one surety of a similar amount, to be approved by the Deputy Registrar.
- Esther Wandeto Kahora and the approved surety shall ensure the accused takes her medication regularly and attends all scheduled clinics before the consultant psychiatrist at Muranga Level 5 Hospital.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO. 37 OF 2018
REPUBLIC............................................PROSECUTOR
VERSUS
PRISCILLA WANJIRU KAHORA............ACCUSED
RULING
1. The accused prays for bail pending trial. A pre-bail report was filed on 15th July 2019 recommending that the accused be granted bond.
2. The application is not contested by the Republic.
3. The accused is deemed innocent. Under Article 49 (1) (h) of the Constitution, she is entitled to bail pending trial unless there are compelling circumstances.
4. The overarching objective of bail is to ensure the accused attends his trial. Muraguri v Republic [1989] KLR 181.
5. Other relevant considerations include the nature of the charge; the likely sentence; previous criminal records, the views of the family of the victim, the possibility of interference with witnesses; the temptation to abscond; and, the safety of the accused.
6. The accused is charged for the murder of Consolata Njoki Njoroge on 16th September 2018 at Gatwiku village, Kariaira Location, Gatanga Sub-Location, Murang’a County.
7. From the medical report dated 25th April 2019 by Dr. Mburu, Consultant Psychiatrist at Muranga Level 5 Hospital, the accused had “uncontrolled psychiatric illness and was put on supervised medications”. It may be related to “infanticidal ideations” at the time of delivery. The Consultant advised as follows-
“To avoid any recurrence of the illness, she has to continue on medications and clinical follow-up”
8. Learned counsel for the accused has informed the court that Esther Wandeto Kahora, a sister to the accused, will ensure that the accused takes her medication and attends clinics.
9. There being no compelling reasons for denial of bail, I will admit the accused to bail on the following conditions.
i)That the accused shall be released upon execution of a bond in the sum of Kshs 300,000 together with one surety of a similar amount. The surety shall be examined and approved by the Deputy Registrar of this Court.
ii)That Esther Wandeto Kahora, a sister to the accused, together with the approved surety undertakes to ensure that the accused takes her medication regularly and that she attends all scheduled clinics before the consultant psychiatrist at Muranga Level 5 Hospital.
iii)That the accused shall not interfere with the witnesses named in the information charging her with murder.
iv)That the accused shall attend all mentions or hearings of their case.
10. In default of any of the conditions above, the bond shall stand cancelled; and, both Esther Wandeto Kahora and the surety shall be called to account.
It is so ordered.
DATED, SIGNEDandDELIVEREDatMURANG’A this 23rd day of July 2019.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Accused.
Mr. Kimani for the accused.
Mr. Mutinda for the Republic.
Ms. Dorcas and Ms. Elizabeth, Court Clerks.