[2015] KEHC 4941 (KLR)
The court held that bail is a constitutional right for all offences, including murder, and may only be denied if compelling reasons are shown. Upon reviewing the committal bundle and noting the absence of opposition from the prosecution, the court found no compelling reason to deny bail. Therefore, the accused...
Source-derived case information.
- Citation
- [2015] KEHC 4941 (KLR)
- Parties
- Applicant: Republic; Defendant: Simon Ngotho Muchina; Defendant: George Muraya
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2014
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- Bail granted to both accused persons.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Application, Murder Charge, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Simon Ngotho Muchina
Defendant
George Muraya
Defendant
Procedural Posture
Criminal Case / Bail Application
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 as required by Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court held that bail is a constitutional right for all offences, including murder, and may only be denied if compelling reasons are shown. Upon reviewing the committal bundle and noting the absence of opposition from the prosecution, the court found no compelling reason to deny bail. Therefore, the accused persons were admitted to bail on their own cognizance with a surety.
Court Disposition
Bail granted to both accused persons.
Orders
- Each accused person is admitted to bail upon their own cognizance in the sum of KShs 100,000 and one surety in like sum.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA T MURANG’A
CRIMINAL CASE NO 24 OF 2014
REPUBLIC……………………………………………………….PROSECUTOR
VERSUS
SIMON NGOTHO MUCHINA
GEORGE MURAYA……………...………......……………………...ACCUSED
R U L I N G
1. The Accused persons, Simon Ngotho MuchinaandGeorge Muraya, are jointly charged with murder contrary to section 203 as read with section 204 of the Penal Code. They were arraigned in court on 25th September 2014. Their plea was taken on 06/10/2014; they pleaded not guilty and are awaiting trial which is scheduled for 18/06/2015. They have in the meantime applied to be admitted to bail by notice of motion dated 16/12/2014. The Republic has not opposed the application. Nevertheless I have perused the copies of the “committal bundle” supplied to the court and the Accused persons by the prosecution.
2. Bail is now a constitutional right for all offences, and will be denied only for compelling reasons. See Article 49(1) (h) of the Constitution of Kenya, 2010.
3. I find no compelling reason to deny the Accused persons bail. They will each be admitted to bail upon their own cognizance in the sum of KShs 100,000/00 and one surety in like sum. It is so ordered,
DATED AT MURANG’A THIS 14TH DAY OF MAY 2015
H. P. G. WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 14TH DAY OF MAY, 2015.