[2020] KEHC 263 (KLR)
The court found that the prosecution's apprehensions regarding interference with witnesses and the accused's safety could be addressed by imposing specific bail conditions. These include verifying the suitability of the accused's aunt as a host in Kericho and barring the accused from visiting the deceased's plot or...
Source-derived case information.
- Citation
- [2020] KEHC 263 (KLR)
- Parties
- Respondent: Republic; Applicant: Selina Wambui Wangui
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 f 20 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted with conditions
- Judges
- CM Kariuki
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Selina Wambui Wangui
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the prosecution's apprehensions regarding interference with witnesses and the accused's safety could be addressed by imposing specific bail conditions. These include verifying the suitability of the accused's aunt as a host in Kericho and barring the accused from visiting the deceased's plot or interfering with witnesses. The court concluded that there were no compelling reasons to deny bail, and thus granted the accused bond with specified terms.
Court Disposition
bail granted with conditions
Orders
- The accused is granted bond of Kshs. 100,000 with one surety of equal amount.
- Alternatively, the accused may be released on cash bail of Kshs. 70,000.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
HIGH COURT CRIMINAL CASE NUMBER E004 OF 2020
REPUBLIC......................................................................PROSECUTOR
VERSUS
SELINA WAMBUI WANGUI................................................ACCUSED
RULING
The accused is charged with the offence of Murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya.
She pleaded not guilty. The accused’s advocate sought the accused to be released on bond/bail pending the hearing and determination of the instant murder case.
The application is based on the ground that the accused is a mother of a baby of 2 years of age and she will abide by all conditions which court may impose. She has an aunt who is able, ready and willing to host her in Kericho. The aunt has sworn an Affidavit to that effect.
The Republic objection to bail is contained in investigating officer affidavit sworn by Philip Ochieng IP on 18/11/2020.
The element and compelling reasons to deny bond/bail is alleged to be borne by the fact that the accused and deceased were in a relationship, thus accused is capable of interfering with the witness who reside in.
Deceased plot where 2 used to live.
Also it is deponed to that the ground maybe hostile and if accused is released she will be in danger.
Under Article 49(1) (h) arrested person has right to be released on bond/bail on reasonable conditions pending hearing or trial, unless there are compelling reasons not to be released.
After looking at both rivaling submissions and averments, I find that the apprehension of the prosecution can be addressed by ascertaining the suitability of the Aunt Rosemary Nyambura Kinuthia to host accused in Kericho and barring the accused from going to the deceased person plot or interfering with the witnesses in the case.
Thus the court is inclined to grant applicant/accused bond of Kshs.100,000 with one surety of equal amount with option of cash bail of ksh.70,000/=
Dated, Signed and Delivered at NYAHURURU this 17th Day of December, 2020
......................................
CHARLES KARIUKI
JUDGE
PRESENT
……………………………….