[2021] KEHC 9228 (KLR)
The court found that the applicant, charged with murder, is constitutionally entitled to bail unless compelling reasons are shown. The prosecution did not oppose the application, and while the victim's family expressed concerns, these did not amount to compelling reasons under the law. The court considered the...
Source-derived case information.
- Citation
- [2021] KEHC 9228 (KLR)
- Parties
- Applicant: Stephen Gikuhi Mwirigi; Respondent: Director of Public Prosecution (DPP)
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2020
- Procedural Posture
- Bail Application / Pre Trial
- Outcome
- Bail granted with conditions.
- Judges
- MM Kasango
- Legal Topics
- Bail Application, Murder Charge, Compelling Reasons, Pretrial Release, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Gikuhi Mwirigi
Applicant
Director of Public Prosecution (DPP)
Respondent
Procedural Posture
Bail Application / Pre Trial
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny bail under Article 49(1)(h) of the Constitution.
- 3 Whether the gravity of the offence and the views of the victim's family justify denial of bail.
Ratio Decidendi
The court found that the applicant, charged with murder, is constitutionally entitled to bail unless compelling reasons are shown. The prosecution did not oppose the application, and while the victim's family expressed concerns, these did not amount to compelling reasons under the law. The court considered the gravity of the offence but determined that this alone, without further evidence of risk or interference, was insufficient to deny bail. Accordingly, the applicant was granted bail on condition that he does not interfere with prosecution witnesses.
Court Disposition
Bail granted with conditions.
Orders
- The applicant, Stephen Gikuhi Mwirigi, shall be released on cash bail of Kshs.1,000,000 pending trial.
- Release on bail is conditional on the applicant not interfering with prosecution witnesses.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIAMBU
CRIMINAL CASE NO 24 OF 2020
REPUBLIC..............................................................................DPP
VERSUS
STEPHEN GIKUHI MWIRIGI...............................ACCUSED
R U L I N G
1. Stephen Gikuhi Mwirigipleaded not guilty to the charge of Murder. He is now waiting for his trial to commence. He has applied that he be granted bail. The application was not opposed by the Director of Public Prosecution (DPP).
2. The Accused is the last born child in a family of four other children. His mother has passed away and his elderly father resides in half acre land in Munyu which land has no title deed.
3. The Accused is a 32-year-old man. He was married to the victim the deceased in this case. They were blessed with one child.
4. The victim’s family is not in favour of the Accused being released on bail. They still hold a lot of bitterness towards the Accused. The aunt to the victim is also fearful of the release of the Accused on bail. She is of the view that because she was not in favour of the relationship between the victim and the deceased. she fears the Accused may be habouring resentment towards her.
5. The Constitution under Article 49(1) (h) confers right to bail to arrested persons. That right is not absolute. Bail may be denied where there are compelling reasons. In this case I find no compelling reasons to deny Accused bail. I will however bear in mind that the Accused is facing a serious charge, a murder charge. The court in the case Republic –v- Robert Zippor Nzilu (2018) eKLR considered the gravity of the charge when determining an application for bail as follows:
“10. Gravity of the offence as a consideration was appreciated by Mbogholi Msagha, J in CriminalApplication No. 319 of 2002 Priscilla Jemutai Kolonge vs. Republic (unreported) at page 3, wherein he held as follows:
“However, the nature of the charge or offence and the seriousness of the punishment if the applicant is found guilty must be considered in applications of this nature. I subscribe to the observation that where the charge against the accused is more serious and punishment heavy, there are more probabilities and incentive to abscond, whereas in case of minor offences, there may be no such incentive.”
6. Having considered the pre-bail report presented before me I grant the following orders:
(a) Stephen Gikuhi Mwirigi shall be released on cash bail of Kshs.1,000,000 (0NE MILLION) pending his trial.
(b) His release on bail is conditional on him not interfering with the prosecution’s witnesses
SIGNED AND DELIVERED VIRTUALLY THIS 11TH DAY OF FEBRUARY 2021.
MARY KASANGO
JUDGE
11th February 2021
Before Justice Mary Kasango
C/A - Kevin
Accused – Stephen Gikuhi Mwirigi - Present
For the Applicant – Miss Njoroge for Mbiyu Kamau
For DPP – Ms Kathambi
COURT
Ruling virtually delivered in their presence.
MARY KASANGO
JUDGE