[2016] KEHC 1120 (KLR)
The court found that the applicant, as an accused person, is entitled to bail pending trial under Article 49(1)(h) of the Constitution unless compelling reasons are shown to deny bail. The State did not oppose the application, and the social inquiry report was favourable. There being no compelling reasons advanced...
Source-derived case information.
- Citation
- [2016] KEHC 1120 (KLR)
- Parties
- Respondent: Republic; Applicant: Samuel Murimi Karugumi
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Murder Case 11 of 2016
- Procedural Posture
- Criminal Murder / Ruling on Bail Application Pending Trial
- Outcome
- Application for bail pending trial allowed.
- Judges
- BB Limo
- Legal Topics
- Bail Pending Trial, Presumption of Innocence, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Samuel Murimi Karugumi
Applicant
Procedural Posture
Criminal Murder / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the applicant bail.
Ratio Decidendi
The court found that the applicant, as an accused person, is entitled to bail pending trial under Article 49(1)(h) of the Constitution unless compelling reasons are shown to deny bail. The State did not oppose the application, and the social inquiry report was favourable. There being no compelling reasons advanced to deny bail, the court allowed the application and granted the applicant release on bond with specified conditions.
Court Disposition
Application for bail pending trial allowed.
Orders
- The accused person is released on a bond of Kshs. 1,000,000 with one surety of a similar amount.
- The case shall be mentioned on 7th December, 2016 for fixing a hearing date.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
CRIMINAL MURDER NO. 11 OF 2016
REPUBLIC………………………………….………………………PROSECUTOR
AND
SAMUEL MURIMI KARUGUMI………....………………….……….….ACCUSED
RULING
1. Before me is a Notice of Motion dated 18th July, 2016 made by Samuel Murimi Karugumi the applicant herein who is standing trial for the murder of John Gichobi Karugumi. The applicant is seeking to be released on bond pending trial on the grounds that he has a constitutional right to bail pending trial as there are no compelling reasons to deny him the same.
2. The state through Mr. Omayo from the Office of the Director of Public Prosecutions told this Court that they have no objection to the application for bail/bond pending trial. I have considered the social inquiry report about the accused and noted that it is favourable to the application.
3. The Applicant being an accused person has a right under Article 49 (1) (h) of the Constitution to be released on bond/bail on reasonable conditions pending trial unless there are compelling reasons to be denied that right. He is also presumed innocent until proven guilty and that presumption of innocence is imbedded in the Constitution of Kenya 2010 (Article 50 (2) (a).)
In the premises I find merit in the application dated 18th July, 2016.
The same is allowed. The accused person can be released on a bond of Kshs. 1 Million with one surety of a similar amount. This case was scheduled for mention on 7th December, 2016 with a view to fixing a hearing date. This case shall therefore be mentioned on that date for that purpose.
Dated and delivered at Kerugoya this 8th day of September, 2016.
R. K. LIMO
JUDGE
8. 9.2016
Before Hon. Justice R. K. Limo J.,
State Counsel Mr. Sitati
Court Assistant Naomi Murage
Accused present
Interpretation: English-Kikuyu
Ngangah for accused present
Sitati for State present
COURT: Ruling signed, dated and delivered in the open court in the presence of Ngangah advocate for the applicant and Sitati for State.
R. K. LIMO
JUDGE
8. 9.2016