[2021] KEHC 9626 (KLR)
The court found that, despite the victim's family's understandable bitterness and fears, there was no concrete evidence of threats or compelling reasons to deny bail. The pre-bail report was largely positive, and the accused is presumed innocent at this stage. The Constitution entitles the accused to bail unless...
Source-derived case information.
- Citation
- [2021] KEHC 9626 (KLR)
- Parties
- Respondent: Republic; Defendant: Simon Mburu Muthoni
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted_with_conditions
- Judges
- K Kimondo
- Legal Topics
- Bail Pending Trial, Compelling Circumstances, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Simon Mburu Muthoni
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under the Constitution and relevant statutes.
- 2 Whether there are compelling reasons to deny bail to the accused in a murder case.
- 3 What weight should be given to the victim's family's concerns and the pre-bail report.
Ratio Decidendi
The court found that, despite the victim's family's understandable bitterness and fears, there was no concrete evidence of threats or compelling reasons to deny bail. The pre-bail report was largely positive, and the accused is presumed innocent at this stage. The Constitution entitles the accused to bail unless compelling circumstances exist, and the main purpose of bail is to ensure attendance at trial. Accordingly, the accused was granted bail with conditions to prevent contact with witnesses and ensure attendance at all court proceedings.
Court Disposition
bail_granted_with_conditions
Orders
- The accused may be released upon execution of a bond in the sum of Kshs 500,000 together with one surety of a similar amount.
- The surety shall be examined and approved by the Deputy Registrar of the Court.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO. 20 OF 2020
REPUBLIC............................................................PROSECUTOR
VERSUS
SIMON MBURU MUTHONI.......................................ACCUSED
RULING
1. The accused prays for bail pending trial. The application is not contested by the Republic.
2. I find that the pre-bail report filed on 27th October 2020 to be largely positive.
3. However, the victim’s family is understandably bitter and amongst over the loss of their kin. They claim that the family of the accused “deserted them and never attended the burial”. They also expressed fears that the accused “may” harm those who are pursuing the criminal proceedings.
4. The accused is charged for the murder of Cecila Wanjiku Gitauon 30th July 2020 at Wemba Sub-Location, Mitubiri Location, Murang’a South County within Murang’a County.
5. The Victims Protection Act 2014requires the views of victim’s family to be taken into account at this stage. I commiserate with the family over their loss but I find no concrete evidence at this stage of further threats by the accused to prospective witnesses.
6. The accused is deemed innocentat this juncture. Under Articles 49 (1) (h) and 50of the Constitution, he is entitled to bail pending trial unless there are compelling circumstances.
7. Furthermore, the overarching objective of bail is to ensure the accused attends his trial. Muraguri v Republic [1989] KLR 181.
8. From the social report, I find no compelling reasons for denial of bail. The accused may be released upon execution of a bond in the sum of Kshs 500,000 together with one surety of a similar amount. The surety shall be examined and approved by the Deputy Registrar of this Court.
9. There are two further conditions. First, the accused shall not have any direct or indirect contact with the twelve witnesses named on the reverse of the information charging him with murder. Secondly, he shall attend all mentions or hearings of this case.
10. In default of any of the two conditions above, his bond shall stand cancelled; and, the surety shall be called to account.
It is so ordered.
DATED, SIGNEDandDELIVEREDatMURANG’Athis 26th day of January 2021.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Accused absent due to Covid-19 Prison Protocols.
Mr. S. Mutinda for the Republic.
No appearance by counsel for the accused.
Ms. Dorcas Waichuhi, Court Assistant.