[2021] KEHC 1232 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The probation pre-bail report was favourable, indicating support from the accused's family and community, and no evidence was adduced to suggest the accused would interfere with witnesses or abscond. The...
Source-derived case information.
- Citation
- [2021] KEHC 1232 (KLR)
- Parties
- Applicant: Republic; Respondent: Stephen Mwita Mbugua
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E42 of 2021
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted_with_conditions
- Judges
- MM Kasango
- Legal Topics
- Bail Application, Murder Charge, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Mwita Mbugua
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused should be released on bond or bail pending trial.
- 2 Whether there are compelling reasons to deny the accused bond or bail.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The probation pre-bail report was favourable, indicating support from the accused's family and community, and no evidence was adduced to suggest the accused would interfere with witnesses or abscond. The opposition from the victim's family, while understandable, did not amount to a compelling reason under the law. The court therefore exercised its discretion to grant bail, subject to conditions to ensure the accused's attendance at trial and to address concerns about his residence during the pendency of the case.
Court Disposition
bail_granted_with_conditions
Orders
- Stephen Mwita Mbugua is granted bond of Ksh.500,000 with one surety of similar amount on condition that he does not reside in Gatundu South Sub-County, Kiganjo Location Gaturia Maru Village during the pendency of this case.
- A hearing date will be fixed at the reading of this ruling.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E42 OF 2021
BETWEEN
REPUBLIC................................PROSECUTOR
VERSUS
STEPHEN MWITA MBUGUA .......ACCUSED
RULING
1. Stephen Mwita Mbugua is charged with the offence of murder of Patrick Chege Kinyanjui Deceased. He pleaded not guilty. His trial is yet to commence. He has applied he be released from custody on bond/bail.
2. The probation pre-bail report reveals that the accused is a 40 years old father of three children. He previously worked as a driver of public service vehicle at Eastleigh. He lost that employed due to COVID -19 pandemic. He re-located at Gatundu-South sub county, Kiambu County where the alleged offence took place.
3. The accused’s family is in support of his release. The community is also in favour of his release. The victim’s family, since they are still bitter with the loss of their kin are not in favour of his release.
4. Having considered the probation pre-bail report and the submissions made before court and because there are no compelling reasons to deny accused bond/bail. I grant the following orders:
a. Stephen Mwita Mbugua is granted bond of Ksh.500,000 with one surety of similar amount on condition that he does not reside in Gatundu South Sub-County, Kiganjo Location Gaturia Maru Village during the pendency of this case.
b. At the reading of this Ruling a hearing date will be fixed.
RULING DATED AND DELIVERED AT KIAMBU THIS 16TH DAY OF DECEMBER, 2021
MARY KASANGO
JUDGE
C/A Mourice
Subject: Stephen Mwita Mbugua -Present
For Subject: Mr. Mwaura -Present
For DPP: Ms Kathambi/Mr. Kasyoka -Present
COURT
Ruling delivered virtually
MARY KASANGO
JUDGE