[2021] KEHC 1430 (KLR)
The court considered the presumption of innocence and the constitutional right to bail, balanced against the seriousness of the charge of murder and the potential severity of sentence if convicted. The prosecution did not oppose the application, and the pre-bail report did not reveal any compelling reasons to deny...
Source-derived case information.
- Citation
- [2021] KEHC 1430 (KLR)
- Parties
- Applicant: Republic; Respondent: Samuel Wanyoike Njuguna
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E031 of 2021
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Bail granted with conditions.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Presumption of Innocence, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Wanyoike Njuguna
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused should be released on bail pending trial for a charge of murder.
- 2 What conditions, if any, should be imposed for the accused's release on bail.
Ratio Decidendi
The court considered the presumption of innocence and the constitutional right to bail, balanced against the seriousness of the charge of murder and the potential severity of sentence if convicted. The prosecution did not oppose the application, and the pre-bail report did not reveal any compelling reasons to deny bail. The court therefore granted bail, imposing conditions to ensure the accused's attendance at trial and to address any concerns regarding interference with witnesses or the community.
Court Disposition
Bail granted with conditions.
Orders
- The accused, Samuel Wanyoike Njuguna, shall be released from custody pending trial on his own bond of Kshs. 500,000 and two sureties of similar amount.
- The accused shall reside elsewhere other than Githurai 45 during the pendency of the trial.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E031 OF 2021
BETWEEN
REPUBLIC...............................................................PROSECUTOR
VERSUS
SAMUEL WANYOIKE NJUGUNA............................ACCUSED
RULING
1. SAMUEL WANYOIKE NJUGUNA is charged with the offence of murder. He pleaded not guilty. He seeks his release from custody pending his trial.
2. The application was not opposed by prosecution.
3. The pre-bail probation and after care services report reveals that the accused is a 23 year old father of one child.
4. The accused is presumed innocent until proven guilty. He is however facing a serious charge and the court will bear that in mind in consideration of the bail application. In this regard, see the holding in of the case of REPUBLIC VS. AHMED MOHAMMED OMAR & 6 OTHERS (201) eKLR:-
“... whereas the applicant is still presumed innocent; if he were to be convicted for murder, there is a possibility that the trial court could sentence him to death. To my mind, therefore, the severity of the sentence remains a significant factor for consideration in an application for bail pending trial."
5. Bearing the above in mind, I make the following orders:-
(a) SAMUEL WANYOIKE NJUGUNA shall be released from custody pending his trial on his own bond of Kshs.500,000/- and two sureties of similar amount.
(b) SAMEUL WANYOIKE NJUGUNA during the pendency of this trial shall reside elsewhere other than Githurai 45.
6. Orders accordingly.
RULING DATED AND DELIVERED AT KIAMBU THIS 9TH DAY OF DECEMBER, 2021.
MARY KASANGO
JUDGE
CORAM:
COURT ASSISTANT : MAURICE
FOR DPP :- MS. KATHAMBI/KASYOKA
FOR ACCUSED :- MS. NGURU
ACCUSED : SAMUEL WANYOIKE NJUGUNA - PRESENT
COURT
RULING DELIVERED VIRTUALLY.
MARY KASANGO
JUDGE