[2018] KEHC 3140 (KLR)
The court found that there were no compelling reasons in the prosecution's witness statements or documentary evidence to deny the accused persons bail. The constitutional right to bail under Article 49(1)(h) of the Constitution of Kenya, 2010, applies to all criminal offences, including murder, unless compelling...
Source-derived case information.
- Citation
- [2018] KEHC 3140 (KLR)
- Parties
- Applicant: Republic; Defendant: Simon Mwaura; Defendant: Sammy Wekesa Simiyu
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail
- Outcome
- Bail granted to both accused persons.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Constitutional Rights, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Simon Mwaura
Defendant
Sammy Wekesa Simiyu
Defendant
Procedural Posture
Criminal Case / Ruling on Bail
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial for the offence of murder.
- 2 Whether there exist compelling reasons to deny bail to the accused persons.
Ratio Decidendi
The court found that there were no compelling reasons in the prosecution's witness statements or documentary evidence to deny the accused persons bail. The constitutional right to bail under Article 49(1)(h) of the Constitution of Kenya, 2010, applies to all criminal offences, including murder, unless compelling reasons are shown. Since the prosecution did not object and no such reasons were present, the accused persons were entitled to bail on reasonable terms.
Court Disposition
Bail granted to both accused persons.
Orders
- Each accused may be released upon his own cognizance in the sum of KShs 300,000 and one surety each in like sum.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL CASE NO 14 OF 2018
REPUBLIC........................................................ PROSECUTOR
VERSUS
SIMON MWAURA
SAMMY WEKESA SIMIYU....................................ACCUSED
RULING ON BAIL
1. The Accused persons in this case, Simon Mwauraand Sammy Wekesa Simiyu, are charged with murder Contrary to section 203 as read with Section 204 of the Penal Code. It is alleged in the information dated 10th September, 2018 that on 25th August, 2018 at Muthaiga area of Wiyumiririe Trading Centre, Laikipia Central Sub-County in Laikipia County, jointly with others not before the court, they murdered one MICHAEL NGUNJIRI KIHUMBA (alias Dedan Wachiuri).
2. On 27th September, 2018 the Accused persons pleaded not guilty to the charge. Their trial is scheduled to commence on 20th November, 2018. They have applauded to be admitted to bail in the meantime. The prosecution has no objection.
3. Bail pending trial is now a constitutional right for all criminal offences that will be denied only for compelling reason. Any condition for such bail, again by constitutional edict, must be reasonable. For all that see Article 49 (1) (h) of the Constitutionof Kenya, 2010.
4. I have read through the witness statements and documentary evidence supplied by the prosecution to both the Accused persons and the court. I find in them no compelling reason therein to deny the Accused persons bail.
5. I will in the event admit the Accused persons to bail. Each of them may be released upon his own cognizance in the sum of KShs 300,000/00 and one surety each in like sum. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 11TH DAY OF OCTOBER 2018
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 11TH DAY OF OCTOBER 2018