[2016] KEHC 2191 (KLR)
The court found that there were no compelling reasons to deny the accused persons bail. Both the prosecution and the community, including the deceased's family, did not object to their release. The accused were found to be of good character, had families and businesses in the area, and were unlikely to abscond. The...
Source-derived case information.
- Citation
- [2016] KEHC 2191 (KLR)
- Parties
- Applicant: Republic; Defendant: Silas Mukira; Defendant: Stanley Thiaine
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Application for bail granted.
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Pre Bail Reports
- 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
Applicant
Silas Mukira
Defendant
Stanley Thiaine
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bail to the accused persons.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused persons bail. Both the prosecution and the community, including the deceased's family, did not object to their release. The accused were found to be of good character, had families and businesses in the area, and were unlikely to abscond. The court therefore exercised its discretion to grant bail, subject to conditions to ensure their attendance at trial.
Court Disposition
Application for bail granted.
Orders
- Each accused may be released on bond of KShs.200,000 plus one surety of like amount or cash bail of KShs.60,000 each.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 36 0F 2016
REPUBLIC …………………......................……… PROSECUTOR
VERSUS
SILAS MUKIRA ………..........……………..…...…1ST ACCUSED
STANLEY THIAINE ................................................. 2ND ACCUSED
RULING
By the Notice of Motion dated 25th and 26th/7/2016, the two accused persons sought to be released on bond pending the hearing of this case where they are charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The grounds in which bail was sought are that the accused are not a flight risk being residents of Meru County, where they have families; that they will abide by any conditions that the court may impose and that the case might take too long to determine which will prejudice their rights.
On 13/7/2016, Mr. Njuguna Kinuthia, on behalf of DCIO Tigania, wrote to the court indicating that they had no objection to the release of the accused on bond.
The court called for pre-bail reports in which the Probation Officer observed that the community where the accused hail from and the administration were not opposed to the accused being released on bond having been people of good character; they have families in the area where they carried out legitimate businesses; and that they are unlikely to abscond. It was also noted that the deceased’s family did not seriously oppose the release of the accused on bond.
There being no compelling reasons disclosed, the court grants the application made by both accused. Each accused may be released on bond of KShs.200,000/= plus one surety of like amount or cash bail of KShs.60,000/= each.
DATED, SIGNED AND DELIVERED THIS 10TH DAY OF OCTOBER, 2016.
R.P.V. WENDOH
JUDGE
10/10/2016
PRESENT
Mr. Mulochi for State
Mr. Nyenyire Holding Brief for Mr. Nyauchi for 1st Accused and for Mr. Mbogo for 2nd Accused.