[2021] KEHC 2073 (KLR)
The court found that there were no compelling reasons presented to deny the accused bail. The probation pre-bail report indicated the accused's humble background and did not raise any concerns that would justify refusal of bail. The court exercised its discretion judicially, as guided by Article 49(1)(h) of the...
Source-derived case information.
- Citation
- [2021] KEHC 2073 (KLR)
- Parties
- Applicant: Republic; Respondent: Rehab Wairimu Ngugi
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2020
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- Application for bail granted.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Judicial Discretion, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Rehab Wairimu Ngugi
Respondent
Procedural Posture
Criminal Case / Bail Application
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 bail in this case.
Ratio Decidendi
The court found that there were no compelling reasons presented to deny the accused bail. The probation pre-bail report indicated the accused's humble background and did not raise any concerns that would justify refusal of bail. The court exercised its discretion judicially, as guided by Article 49(1)(h) of the Constitution and relevant case law, and determined that the accused was entitled to bail pending trial. Accordingly, the accused was released on her personal bond with one surety of an equal amount.
Court Disposition
Application for bail granted.
Orders
- The accused, Rehab Wairimu Ngugi, is released on her personal bond of Kshs. 100,000 with one surety of the same 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. 34 OF 2020
BETWEEN
REPUBLIC................................................PROSECUTOR
VERSUS
REHAB WAIRIMU NGUGI.............................ACCUSED
RULING
1. REHAB WAIRIMU NGUGI is charged with the offence of murder. She pleaded not guilty to the offence and has now applied that she be released on bail pending her trial.
2. I have considered the probation pre-bail report. I note that Rehab comes from a very humble background. She prays she be released on reasonable bail/bond terms.
3. Article 49(1)(h) of the Constitution provides that an arrested person has a right to be released on bond or bail on reasonable conditions pending charge or trial unless there are compelling reasons not to be released. The court however retains discretion of determination on what those compelling reasons are. In the case REPUBLIC VS. DANFORD KABAGE MWANGI (2016) eKLR made this clear as follows:-
“I hold the view that after considering the circumstances of each case, the court has discretion to grant or refuse bail provided that the discretion is exercised judicially. InREPUBLIC VS MILTON KABULIT & 60 OTHERS Justice Emukulein a well-reasoned decision said:-
‘My understanding of Section (sic) 49 (1) (g) (h) is firstly, that the right of an arrested person to bond or bail in respect of any offence is solely at the discretion of the court seized of the application. Secondly, the only accused entitled to a right to an automatic bond or bail are those charged with offences (which may be referred to as “petty offences”) the punishment of which {if found guilty and convicted) is either a fine only, or imprisonment for a term of less than six months.’”
4. In this case bearing the information contained in the probation pre-bail report, I find that there are no compelling reasons to refuse bail.
DISPOSITION
5. I am satisfied that Rehab Wairimu Ngugi is entitled to bail and accordingly I release her pending her trial on her personal bond of Kshs.100,000/= with one surety of the same amount..
RULING DATED AND DELIVERED AT KIAMBU THIS 18TH DAY OF NOVEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Maurice
For DPP :- Mr. Kasyoka
For Accused :- Mr. Mulinge
Accused Rehab Wairimu Ngugi:
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE