[2014] KEHC 6395 (KLR)
The court found that there were no compelling reasons presented by the State to deny the applicants bail. Exercising judicial discretion under Article 49(1)(h) of the Constitution, and considering the circumstances of the case, the court granted bail to the applicants subject to specific conditions to ensure their...
Source-derived case information.
- Citation
- [2014] KEHC 6395 (KLR)
- Parties
- Respondent: Republic; Applicant: Richard Mwathi Nyambura; Applicant: Michael Mwangi Nyambura
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2006
- Procedural Posture
- Criminal Case / Bail Application Pending Trial
- Outcome
- Bail granted to both applicants pending trial, subject to conditions.
- Judges
- CC Kipkorir
- Legal Topics
- Bail Pending Trial, Pretrial Release Conditions, Compelling Reasons, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Richard Mwathi Nyambura
Applicant
Michael Mwangi Nyambura
Applicant
Procedural Posture
Criminal Case / Bail Application Pending Trial
Legal Issues
- 1 Whether the applicants should be granted bail pending trial.
- 2 Whether there are compelling reasons to deny bail to the applicants.
Ratio Decidendi
The court found that there were no compelling reasons presented by the State to deny the applicants bail. Exercising judicial discretion under Article 49(1)(h) of the Constitution, and considering the circumstances of the case, the court granted bail to the applicants subject to specific conditions to ensure their attendance at trial and compliance with court orders.
Court Disposition
Bail granted to both applicants pending trial, subject to conditions.
Orders
- Each accused shall execute a personal bond of KShs.500,000/-.
- The two accused shall jointly provide 2 sureties of KShs.500,000/- each.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO.34 OF 2006
REPUBLIC..............................................RESPONDENT
VERSUS
RICHARD MWATHI NYAMBURA...........1ST APPLICANT
MICHAEL MWANGI NYAMBURA …….2ND APPLICANT
RULING
The two accused were first charged before this court (differently constituted) on 13th April 2006. Before their trial commenced, their counsel raised a preliminary objection which was disposed off by the court vide a Ruling dated 21st January 2009. The accused have now applied to be released on bail pending their trial which has suffered many setbacks in the past and is now set to start de novo before this court.
The application is not opposed by the State. Mr. Okeyothe prosecuting counsel submitted before this court that there were no compelling reasons to deny the applicants bail.
I have given due consideration to the provisions of Article 149(i) h of the Constitution and the circumstances of this case. I exercise my discretion to grant the applicants bail. They are released on the following conditions:-
Each accused shall execute a personal bond of KShs.500,000/-
The two accused (being siblings) shall jointly provide 2 sureties of KShs.500,000/- each.
Each accused shall provide evidence of their expected place of permanent abode and address upon release.
Each accused shall report to the Investigating Officer once every two weeks until further orders of this court.
Each accused shall attend the monthly mention of their case before the Deputy Registrar of the Court. The first such mention shall be on 31st March, 2014.
Orders accordingly.
Ruling delivered, dated and signed at Nairobi this 26th day of February, 2014
R. LAGAT - KORIR
JUDGE
In the presence of:
…………………………….: Court clerk
……………………………: 1st accused
……………………………: 2nd accused
……………………………: For 1st accused
……………………………: For 2nd accused
………………………….: For the State/respondent