[2017] KEHC 5595 (KLR)
The court held that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, and that the offence of murder is bailable. The State did not provide any compelling reasons to justify denial of bail. Therefore, the accused persons are entitled to be released on bail pending trial. However,...
Source-derived case information.
- Citation
- [2017] KEHC 5595 (KLR)
- Parties
- Respondent: Republic; Applicant: Samuel Mugo Kimotho; Applicant: Duncan Karimi Ngotho; Applicant: Cyrus Mwaniki Macharia
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Murder Case 4 of 2013
- Procedural Posture
- Criminal Murder / Ruling on Bail Application Pending Trial
- Outcome
- bail granted to all accused persons
- Legal Topics
- Bail Pending Trial, Right to Bail, Compelling Reasons, Presumption of Innocence
- 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
Samuel Mugo Kimotho
Applicant
Duncan Karimi Ngotho
Applicant
Cyrus Mwaniki Macharia
Applicant
Procedural Posture
Criminal Murder / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether the State has provided compelling reasons to deny bail to the accused persons.
Ratio Decidendi
The court held that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, and that the offence of murder is bailable. The State did not provide any compelling reasons to justify denial of bail. Therefore, the accused persons are entitled to be released on bail pending trial. However, given the seriousness of the offence, the court set the bail amount at Ksh.3,000,000 for each accused, with one surety of a like amount, as a reasonable condition to ensure their attendance at trial.
Court Disposition
bail granted to all accused persons
Orders
- Each accused person shall be released on a bond of Ksh.3,000,000 plus one like surety to appear for trial.
- If the bond and surety are not provided, the accused shall remain in custody until the case is heard and determined.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
CRIMINAL MURDER NO. 4 OF 2013
REPUBLIC.............................................PROSECUTOR
-VERSUS-
SAMUEL MUGO KIMOTHO
DUNCAN KARIMI NGOTHO
CYRUS MWANIKI MACHARIA...................ACCUSED
RULING
1. The 1st accused Samuel Mugo Kimotho filed application dated 16th March, 2017 brought under Article 49 (1) H and Article 2 of the Constitution seeking an order that the Court be pleased to grant the applicant bond pending the finalization of his trial.
2. The application is based on the grounds that the applicant has been in custody for more than three years and the trial has not been finalized. That he is presumed innocent until proven guilty and that right to bail pending trial is a constitutional right which an accused person should not be denied unless there are compelling reasons to deny him bail.
3. The application is supported by the affidavit of the applicant Simon Mugo Kimotho sworn on 16th March, 2017 which I have considered.
4. The State through Mr. Sitati prosecution counsel, informed the Court that they have no objection to the application.
5. Similar applications were filed by Duncan Karimi Ngotho, the 2nd accused and Cyrus Mwaniki Macharia the 3rd accused. The applications are supported by their respective affidavits.
6. The State through the prosecution Counsel Mr. Sitati did not oppose the applications. The ruling to apply to the three accused.
7. I have considered the applications. Bail as submitted by the applicants is a constitutional right donated by Article 49 (1) (h) of the Constitution. The offence for which the accused stands charged is bailable. Bail can only be denied if the State proves that there are compelling reasons which will make the court to order that bail be denied. Article 49 (1) (h) provides:-
“An arrested person has the right:-
To be released on bond or bail on reasonable conditions pending a charge or trial unless there are compelling reasons not to be released.”
There is no compelling reason given by the State. I find that the accused persons are entitled to be released on bail. In granting the bail, the Court considers that the accused are charged with a very serious offence. I order that each accused person shall be released on a bond of Ksh.3,000,000/- each plus one like surety each to appear for the trial or else will continue to be remanded in custody until the case is heard and determined.
Dated and delivered at Kerugoya this 31 day of March, 2017.
L. W. GITARI
JUDGE
Read out in open Court in the presence of M/S Kiarie prosecution counsel for State, Accused, Mr. Abubakar for Accused and Mr. Mbogo court assistant this 31st March, 2017.
L. W. GITARI
JUDGE
31. 3.2017