[2021] KEHC 1449 (KLR)
The court found that the accused, Regina Wangui Gachie, is entitled to bail pending trial as no compelling reasons were advanced by the prosecution to justify her continued detention. The court considered the constitutional right to bail, the presumption of innocence, and the welfare of the accused's two young...
Source-derived case information.
- Citation
- [2021] KEHC 1449 (KLR)
- Parties
- Applicant: Republic; Respondent: Regina Wangui Gachie
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- bail granted
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Presumption of Innocence, Personal Liberty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Regina Wangui Gachie
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bail.
- 3 Whether the interests of justice and the welfare of the accused's children warrant release on bail.
Ratio Decidendi
The court found that the accused, Regina Wangui Gachie, is entitled to bail pending trial as no compelling reasons were advanced by the prosecution to justify her continued detention. The court considered the constitutional right to bail, the presumption of innocence, and the welfare of the accused's two young children, for whom she is the sole surviving parent. The court also referenced the need to balance personal liberty with societal interests but found that, in this case, the balance favored granting bail. Accordingly, the accused was ordered released on bond with specified terms.
Court Disposition
bail granted
Orders
- Regina Wangui Gachie shall be released from custody pending her trial on bond of Kshs. 500,000 with one surety of similar amount.
- A date for hearing shall be fixed at the delivery of this Ruling.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 13 OF 2020
BETWEEN
REPUBLIC........................................... PROSECUTOR
VERSUS
REGINA WANGUI GACHIE.......................ACCUSED
RULING
1. REGINA WANGUI GACHIE, is charged with the offence of murder of PETER MACHARIA MURIITHI deceased. The deceased was a husband of the accused. The accused pleaded not guilty to the offence and has applied that she be released from custody pending her trial.
2. The accused has a constitutional right to be granted bond/bail pending the determination of her trial. The only rider to that right is that such release from custody on bond/bail will be denied where there are compelling reasons. In this case, no compelling reasons were shown and the State did not oppose the application.
3. The probation provided a pre bail report which shows the accused is 33 years old. She was married to the deceased for 9 years. They were blessed with two children. The children are of tender years and having lost their father, of the deceased, the accused is the only surviving parent.
4. The accused is presumed innocent until proven guilty. There being no compelling reasons to deny accused bond/bail the court finds that it should safeguard the accused’s liberty and much more there is need for accused to resume caring for the children.
5. The court in the case REPUBLIC VS. DIANA SULEIMAN SAID & ANOTHER (2014) eKLR has this to say on the value of personal liberty:
“There is no denying the fact that the liberty of an individual is precious and is to be zealously protected by the courts. Nonetheless, such a protection cannot be absolute in every situation. The valuable right of liberty of an individual and the interest of the society in general has to be balanced. Liberty of a person accused of an offence would depend upon the exigencies of the case. It is possible that in a given situation, the collective interest of the community may outweigh the right of personal liberty of the individual concerned.”
6. It follows that the court will grant accused bond.
7. I grant the following orders:-
Regina Wangui Gachieshall be released from custody pending here trial on bond of Kshs.500,000/= with one surety of similar amount.
8. A date for hearing shall be fixed at the delivery of this Ruling.
9. Orders accordingly.
RULING DATED AND DELIVERED AT KIAMBU THIS 9TH DAY OF DECEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant: Maurice
For DPP:- Ms. Kathambi/Mr. Kasyoka
For Accused :- Mr. Njehu
Accused : REGINA WANGUI GACHIE:- Present
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE