[2019] KEHC 6779 (KLR)
The court found that the prosecution did not oppose the bail application and did not present any compelling reasons to deny the accused bail. Guided by Article 49(1)(h) of the Constitution, which provides for the right to bail unless compelling reasons exist, the court determined that the accused should be granted...
Source-derived case information.
- Citation
- [2019] KEHC 6779 (KLR)
- Parties
- Respondent: Republic; Applicant: Stanley Njau Kamau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2019
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- bail_granted
- Judges
- AM Cockar
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Stanley Njau Kamau
Applicant
Procedural Posture
Criminal Case / Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the prosecution did not oppose the bail application and did not present any compelling reasons to deny the accused bail. Guided by Article 49(1)(h) of the Constitution, which provides for the right to bail unless compelling reasons exist, the court determined that the accused should be granted bail. The court set the terms for bail and bond, and issued warnings regarding interference with witnesses and compliance with bail conditions.
Court Disposition
bail_granted
Orders
- The accused may be released on a cash bail of Ksh.250,000.
- Alternatively, the accused may be released on a bond of Ksh.500,000 with one surety of similar amount.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT NAIROBI
CRIMINAL CASE NO. 23 OF 2019
LESIIT, J
REPUBLIC...............................................PROSECUTOR
V E R S U S
STANLEY NJAU KAMAU.............................ACCUSED
RULING ON BAIL
1. The accused herein has been charged with murder contrary to Section 203 as read with Section 204 of the Penal code. The particulars are that;
“On the 16th of March 2019, at Githunguri trading Centre, in Ruai Location Njiru Sub County within Nairobi County, murdered Samuel Kamau”
2. The accused persons advocate made an oral application to have the accused released on bail pending trial.
3. The prosecution stated they do not have compelling reasons to warrant the accused being denied bail/bond.
4. I am guided by the Article 49 (1) (h) of the Constitution, which provides that bail may be granted to an accused where there is no compelling reason dictating otherwise.
5. Considering that the accused bail application is not opposed and no compelling reasons have been alluded to, I hereby grant him bail on the following terms:
1. The accused may be released on a cash bail of Ksh.250,000/
2. In the alternative, the accused may be released on a bond of Ksh.500,000/= with one surety of similar amount.
3. The accused person is warned not to either directly or otherwise interfere, approach or in any manner intimidate the witnesses’ in this case pending trial.
4. The accused is warned that if he fails to adhere to the set conditions or fails to turn up for his trial, he will be re-arrested and his bail/bond cancelled.
DATED AT NAIROBI THIS 21st DAY OF MAY, 2019.
LESIIT, J
JUDGE