[2020] KEHC 926 (KLR)
The court found that the prosecution failed to provide any affidavit or evidence of compelling reasons to deny bail to the accused persons. The prebail report indicated that the accused are elderly, have fixed abodes, and are not flight risks. In the absence of any objection or compelling reasons from the...
Source-derived case information.
- Citation
- [2020] KEHC 926 (KLR)
- Parties
- Applicant: Republic; Defendant: Swaleh Ngala Mwatela; Defendant: Nzole Chombo Mwananjira
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons for Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Swaleh Ngala Mwatela
Defendant
Nzole Chombo Mwananjira
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bail as required under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the prosecution failed to provide any affidavit or evidence of compelling reasons to deny bail to the accused persons. The prebail report indicated that the accused are elderly, have fixed abodes, and are not flight risks. In the absence of any objection or compelling reasons from the prosecution, the court exercised its discretion to grant bail to each accused person on terms deemed reasonable and sufficient to secure their attendance at trial.
Court Disposition
bail granted
Orders
- Each accused person is granted bond of Kshs. 500,000 with a surety of a similar amount.
- The Deputy Registrar shall examine and approve the surety after the Investigating Officer conducts a background check.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 17 OF 2020
REPUBLIC ...........................................................................................PROSECUTOR
~VS~
1. SWALEH NGALA MWATELA
2. NZOLE CHOMBO MWANANJIRA...................................................ACCUSEDS
R U L I N G
1. The accused persons Swaleh Ngala Mwatela and Nzole Chombo Mwananjira are jointly charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code Chapter 63 of the Laws of Kenya.
2. Particulars are that the accused persons on the 26th day of June, 2020 at Lutsangani village in Mwatate Locatio within Kwale County jointly with others not before court murdered MANGALE KENGO MENZA.
3. The 2 accused persons pleaded not guilty to the charge and the court called for prebail report which was duly filed on 9th December 2020 recommending their release on bond pending trial as they are not a flight risk being elderly people with fixed abate. Since the investigating officer has not shown any affidavit of compelling reasons why the accused should be denied bond as stipulated under Article 49(1) (h) of the constitution, this court therefore, grants each of the accused persons bond of Kshs.500,000/= each with a surety of a similar amount. The DR on examination and approval of surety should make sure the Investigating Officer does a background check of surety for ease of tracing.
5. Orders accordingly.
Dated, signedand delivered online by MS TEAMS, this 16th day of December 2020
HON. LADY JUSTICE A. ONG’INJO
JUDGE