[2021] KEHC 1735 (KLR)
The court found that there were no compelling reasons presented by the prosecution or revealed in the pre-bail report to justify denying the accused bail or bond. The majority of the accused's family and the local area chief did not object to his release, and the family was willing to provide a land title deed as...
Source-derived case information.
- Citation
- [2021] KEHC 1735 (KLR)
- Parties
- Respondent: Republic; Defendant: Samson Karwendo Waweru
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E016 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- bail granted
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Samson Karwendo Waweru
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail or bond pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny the accused bail or bond under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution or revealed in the pre-bail report to justify denying the accused bail or bond. The majority of the accused's family and the local area chief did not object to his release, and the family was willing to provide a land title deed as surety. Although the deceased's wife opposed the release, her opposition was based on personal bitterness rather than any objective risk or threat. The court emphasized the constitutional right to bail and the absence of any evidence that the accused posed a flight risk or would interfere with witnesses. Accordingly, the accused was granted bail on reasonable terms.
Court Disposition
bail granted
Orders
- The accused shall be released on paying cash bail of Kshs. 250,000.
- Alternatively, the accused may be released on a bond of Kshs. 500,000 plus one surety of similar amount.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
CRIMINAL CASE NO. E016 OF 2021
REPUBLIC.......................................................PROSECUTOR
-VERSUS-
SAMSON KARWENDO WAWERU....................ACCUSSED
RULING
1. The Accused herein has been charged with murder contrary to Section 203 as read with Section 204 of the Penal code. The particulars are that on the 30th day of September, 2021 in Rwanyambo village in Kinangop Sub County within Nyandarua County murdered Benson Wanjau Waweru.
2. On 21st October, 2021 upon taking plea, the Accused made an oral application to be released on bail or bond pending trial.
3. Ms. Maingi for the Prosecution did not oppose the application. She stated that there are no compelling reasons to object to the release of the Accused on bond. She however urged that a pre-bail report be called for because the offence in question involved members of the same family. In that regard, she noted that the Accused is alleged to have killed his brother hence it is important to assess if it is safe for him to return home since it is said that they had been living together in the same house.
4. According to the Pre-Bail Report filed in court on 3rd November, 2021, seven out of eight of his siblings as well as the local area senior assistant chief had no issue with the release of the accused person on bond. His family members are ready to deposit a land title deed as surety to secure his release on bond. The deceased wife was however opposed to his release and still harbors bitterness towards him due to the loss of her husband who was their provider. The report concludes that there are no compelling reasons to deny the Accused bond.
5. Under Article 49(1) (h)of the Constitution, an arrested person has the right to be released on bond or bail on reasonable terms pending a charge or trial unless there are compelling reasons to warrant denial of the same. Since no compelling reasons have been alluded to in this case, nothing prevents the court from granting the Accused bail or bond. In the premises, I hereby order as follows:-
i. The Accused shall be released on paying cash bail of Kshs. 250,000/=.
ii. Alternatively, the Accused may be released on a bond of Kshs. 500,000/= plus one surety of similar amount.
iii.The surety shall be approved by the Deputy Registrar of this court.
iv.The Accused is cautioned that if he fails to attend court for his trial, he will be re-arrested and his bail/bond shall be cancelled immediately.
DATED AT NAIVASHA THIS 25TH DAY OF NOVEMBER, 2021.
G.W.NGENYE-MACHARIA
JUDGE
In the presence of;
1. Mr. James Mururi for the Accused.
2. Ms. Maingi for the Prosecution.