[2016] KEHC 7992 (KLR)
The court held that bail is a constitutional right for every accused person, which can only be limited if the prosecution advances compelling reasons. In this case, the State did not oppose the application for bail and did not provide any compelling reasons to deny it. Although a pre-bail report had not been...
Source-derived case information.
- Citation
- [2016] KEHC 7992 (KLR)
- Parties
- Respondent: Republic; Applicant: Simon Ngigi Mbira
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 67 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Application for bail allowed; accused granted bond on specified terms.
- Judges
- J Wakiaga
- Legal Topics
- Bail Application, Murder Charge, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Simon Ngigi Mbira
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 bail as required by the Constitution.
Ratio Decidendi
The court held that bail is a constitutional right for every accused person, which can only be limited if the prosecution advances compelling reasons. In this case, the State did not oppose the application for bail and did not provide any compelling reasons to deny it. Although a pre-bail report had not been submitted, the absence of opposition and compelling reasons meant the accused was entitled to bail. The court, however, considered the seriousness of the murder charge and the potential sentence in setting the bond terms, balancing the accused's rights with the interests of justice.
Court Disposition
Application for bail allowed; accused granted bond on specified terms.
Orders
- The accused shall be released on bond of Kshs.500,000 with two sureties of similar amount.
- Alternatively, the accused may be released on bond of Kshs.100,000 with one surety and a cash bail of Kshs.200,000.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
HIGH COURT CRIMINAL CASE NO. 67 OF 2014
REPUBLIC ………….……………………………………..…PROSECUTOR
VERSUS
SIMON NGIGI MBIRA …..………..………………………………..ACCUSED
RULING
1. The applicant was charged with the offence of murder contrary to Section 203 as read together with Section 204 of the Penal Code the particulars of which were that on 19/7/2014 at Ndiuni village within Ndeiya Location in Kiambu County murdered James Waweru Mbira.
2. He pleaded not guilty and by a Notice of Motion dated 30/12/2015 under the provisions of Article 49(1) (h) of the Constitution of Kenya 2010 applied to be granted bond or bail upon reasonable terms.
3. When the matter came up for hearing before me the State indicated that they did not wish to oppose the application for bail/bond. It must be noted that bail is now a Constitutional Right of every accused person which can only be limited if there are compelling reasons which reasons must be advanced by the prosecution on a balance of probability.
4. In compliance with the provisions of the Bond/Bail policy guidelines and victim protection Act, the court ordered for a pre-bail report which had not been submitted as at the time of this Ruling. There being no compelling reasons advanced, the application for the release of the accused on bond is hereby allowed.
5. The accused is charged with the offence of murder and therefore in granting bond terms, the court must take into account the nature of the offence and the possible sentence should the same be convicted. The accused shall therefore be released on bond on the following terms:-
a) Bond of Kshs.500,000/- with two sureties of similar amount.
b) In the alternative bond of Kshs.100,000/- with one surety in addition to cash bail of Kshs.200,000/-
c) Upon release the accused shall report to his area chief immediately and thereafter after every 30 days at a date to be set by the said area chief.
DATED, DELIVERED and SIGNED at Nairobi this 18th day of July, 2016.
………………………………….
J. WAKIAGA
JUDGE
In the presence of:-
Mr. Magoma for the state
Mrs. Galenywa for the accused
Accused present
Tabitha court clerk