[2015] KEHC 5375 (KLR)
The court found that the accused, charged with murder, is entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010. The court considered the circumstances of the alleged offence, the accused's status as a student, and the absence of any flight risk or compelling reasons to...
Source-derived case information.
- Citation
- [2015] KEHC 5375 (KLR)
- Parties
- Respondent: Republic; Applicant: Terry Teresia Roseline Nyambura Mburu
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 1 of 2015
- Procedural Posture
- Criminal Appeal / Bail Application Pending Trial
- Outcome
- Bail granted to the accused pending trial.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Terry Teresia Roseline Nyambura Mburu
Applicant
Procedural Posture
Criminal Appeal / Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there exist compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that the accused, charged with murder, is entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010. The court considered the circumstances of the alleged offence, the accused's status as a student, and the absence of any flight risk or compelling reasons to deny bail. The prosecution did not oppose the application. Consequently, the court held that there were no compelling reasons to deny bail and granted the accused bail on reasonable terms.
Court Disposition
Bail granted to the accused pending trial.
Orders
- The accused shall be admitted to bail pending her trial upon her 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 AT MURANG’A
CRIMINAL APPEAL NO 1 OF 2015
REPUBLIC………………………..PROSECUTOR
VERSUS
TERRY T. R. NYAMBURA MBURU…...ACCUSED
R U L I N G
1. The Accused, Terry Teresia Roseline Nyambura Mburu, is charged with murder contrary to section 203as read with section 204of the Penal Code.It is alleged that on 24th December, 2014 at Runda estate in Thika Township within Kiambu County she murdered one Zachary Ndwiga Njagi. She pleaded not guilty and is awaiting trial. She has now sought to be admitted to bail pending trial. The Republic does not oppose the application.
2. Bail is now a constitutional right for any criminal offence, and will be denied only for compelling reasons. See Article 49(1) (h) of the Constitution of Kenya, 2010. The bail conditions imposed must be reasonable.
3. The Accused’s learned counsel informed the court that the Accused is a student and that she does not present any flight risk at all. I have perused the “committal bundle” of documents supplied by the Republic to the court and so the learned counsel for the Accused. I have noted the circumstances under which the alleged offence was allegedly committed. I can find no compelling reason for denying the Accused bail.
4. I will therefore allow the notice of motion dated 26/03/2015. The Accused shall be admitted to bail pending her trial upon her own cognizance in the sum of KShs 100,000/00 and one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 29TH DAY OF APRIL 2015
H P G WAWERU
JUDGE
DELIVERED THIS 30TH DAY OF APRIL 2014