[2017] KEHC 2618 (KLR)

[2017] KEHC 2618 (KLR)

The court held that, following the promulgation of the Constitution of Kenya 2010, bail is a constitutional right for all offences, including capital offences such as murder. The only basis for denial of bail is the existence of compelling reasons, which must be clearly stated and substantiated by the prosecution. In this case, the prosecution did not provide any compelling reasons to deny bail, and the court did not find any on its own motion. Therefore, the accused was entitled to bail, subject to conditions to ensure attendance at trial and non-interference with witnesses.

Citation
[2017] KEHC 2618 (KLR)
Parties
Respondent: Republic; Applicant: Richard Muthui Muli
Court
High Court
Court Station
High Court at Garissa
Jurisdiction
Kenya
Judgment Date
27 July 2017
Case Number
Criminal Case 3 of 2014
Procedural Posture
Criminal Case / Ruling on Bail Application
Outcome
Application for bail allowed.
Judges
GMA Dulu
Legal Topics
Bail Application, Murder Charge, Constitutional Rights, Compelling Reasons for Bail
Source Language
English
Criminal Law Bail Application Murder Charge Constitutional Rights Compelling Reasons for Bail

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Respondent

Richard Muthui Muli

Applicant

Procedural Posture

Criminal Case / Ruling on Bail Application

Legal Issues

  1. 1 Whether the accused is entitled to bail pending trial for a charge of murder.
  2. 2 Whether there are compelling reasons to deny the accused bail.

Ratio Decidendi

The court held that, following the promulgation of the Constitution of Kenya 2010, bail is a constitutional right for all offences, including capital offences such as murder. The only basis for denial of bail is the existence of compelling reasons, which must be clearly stated and substantiated by the prosecution. In this case, the prosecution did not provide any compelling reasons to deny bail, and the court did not find any on its own motion. Therefore, the accused was entitled to bail, subject to conditions to ensure attendance at trial and non-interference with witnesses.

Court Disposition

Application for bail allowed.

Orders

  • The accused may be released on signing his own bond of Ksh.400,000 with one surety of similar amount.
  • Alternatively, the accused may be released on payment of cash bail of Ksh.300,000.