[2018] KEHC 5665 (KLR)
The court found that the prosecution did not advance any compelling reasons to deny the accused her constitutional right to bail. The pre-bail report supported the accused's release, and the accused had a fixed abode and social network to ensure her attendance at trial. The court emphasized that bail is a...
Source-derived case information.
- Citation
- [2018] KEHC 5665 (KLR)
- Parties
- Respondent: Republic; Applicant: Rose Wanjiru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- application for bail allowed
- Judges
- J Wakiaga
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Rose Wanjiru
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application 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 the accused bail.
Ratio Decidendi
The court found that the prosecution did not advance any compelling reasons to deny the accused her constitutional right to bail. The pre-bail report supported the accused's release, and the accused had a fixed abode and social network to ensure her attendance at trial. The court emphasized that bail is a constitutional right under Article 49(1)(h) and that denial is only justified where compelling reasons are shown. As none were presented, the accused was entitled to be released on bond, subject to specified terms to ensure her attendance and non-interference with witnesses.
Court Disposition
application for bail allowed
Orders
- The accused is released on bond of KES 500,000 with two sureties of similar amount or, in the alternative, a bond of KES 1,000,000 with one surety of similar amount.
- The accused shall not make any contact of whatever nature with any of the intended prosecution witnesses.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
HIGH COURT CRIMINAL CASE NO. 13 OF 2018
REPUBLIC................................................PROSECUTOR
VERSUS
ROSE WANJIRU..............................................ACCUSED
RULING
1. The Accused was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. She pleaded not guilty to the charges and by a Notice of Motion dated 7th March 2018 sought to be released on bond pending trial on the grounds that she was a mother of two children, one who was a minor aged four (4) years in need of care and support. It was stated in the affidavit in support that at the time of her arrest she was injured and her health condition had deteriorated while in remand.
2. At the hearing of the application, the state through Ms. Wegulu stated that they did not have objection to the Applicant being released on bond and in compliance with Bond and Bail Policy Guidelines the court ordered for Pre-bail report which was filed in which it was stated that the deceased’s brother and other family members were not opposed to the accused being released on bond.
3. Bond is a constitutional right of every accused person under the provisions of Article 49 (1) (h) which can only be denied where there are compelling reasons advanced by the prosecution on a balance of probability.
4. In this matter the state has not advanced any compelling reasons to enable the court deny the accused her constitutional right while the Pre-bail report filed herein supports the accused being released on bond. The accused has a fixed abode with social network that will make sure she attends court if and when released on bond.
5. There being no compelling reason to deny the accused her constitutional right to bail and taking whose account the nature of the offence she is facing, I hereby order that the same be released on bond on the following terms:-
a) Bond of Kenya Shillings five hundred thousand (Kshs.500,000) with two sureties of similar amount or,
b) In the alternative a bond of Kenya Shillings one million (Kshs.1,000,000) with one surety of similar amount.
c) The accused shall not make any contact of whatever nature with any of the intended prosecution witnesses.
DATED, SIGNED and DELIVERED at Nairobi this 20th day of June, 2018.
........................
J. WAKIAGA
JUDGE
In the presence of:-
Miss Wegulu for the state
Mr. Kariuki for the accused
Accused present
Court Assistant: Karwitha