[2022] KEHC 15694 (KLR)
The court found that there were no compelling reasons presented to deny the accused bail as required under Article 49(1)(h) of the Constitution. The pre-bail report indicated that the accused's family was willing to provide security and manage her mental health condition, ensuring her attendance in court. The...
Source-derived case information.
- Citation
- [2022] KEHC 15694 (KLR)
- Parties
- Applicant: Republic; Defendant: Margaret Wanjiru Wangui
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E40 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted
- Judges
- RB Ngetich
- Legal Topics
- Bail Application, Murder Charge, Mental Health in Criminal Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Margaret Wanjiru Wangui
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for murder charges.
- 2 Whether there are compelling reasons to deny the accused bail under Article 49(1)(h) of the Constitution.
- 3 Whether the accused's mental health condition affects her eligibility for bail.
Ratio Decidendi
The court found that there were no compelling reasons presented to deny the accused bail as required under Article 49(1)(h) of the Constitution. The pre-bail report indicated that the accused's family was willing to provide security and manage her mental health condition, ensuring her attendance in court. The prosecution did not oppose bail, and the court was satisfied that the accused's circumstances, including her mental health, were being adequately managed by her family. Therefore, the application for bond was allowed, and the accused was granted bail on reasonable terms.
Court Disposition
bail granted
Orders
- The accused be released on a bond of Kshs 500,000 with a surety of a similar amount.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Wangui (Criminal Case E40 of 2019) [2022] KEHC 15694 (KLR) (17 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15694 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E40 of 2019
RB Ngetich, J
November 17, 2022
Between
Republic
Prosecution
and
Margaret Wanjiru Wangui
Accused
Ruling
1. The accused Margaret Wanjiru Wangui was charged with two counts of the offence of murder contrary to section 203 as read with section 204 of thePenal Code as set out hereunder:-Count 1Margaret Wanjiru Wangui on the September 24, 2019, at about 0300hrs at Ruturo area in Kiambu East Sub–County within Kiambu County, murdered Abigael Njeri.Count 2Margaret Wanjiru Wangui on the September 24, 2019, at about 0300hrs at Ruturo area in Kiambu East Sub–County within Kiambu County, murdered Flavia Wairimu.
2. The charges were read over and particulars explained to the accused on July 20, 2022. She pleaded not guilty; plea of not guilty was entered. Ms Mbuvi counsel for the accused applied to have the accused released on reasonable bail terms.
3. The state counsel Mr Gacharia did not oppose accused being released on bond but urged the court to call for a pre-bail report. Prebail report was filed on October 4, 2022.
4. The prebail report states that the accused family is willing to provide security for the accused person. It further points out that the accused has a mental challenge and the family wishes to have the accused continue with the medication. The family states that the mental challenge will not interfere with the accused attendance in court and they will ensure the accused adheres to the bail terms. The probation officer was not able to locate the accused’s husband.
5. From the report, the accused person murdered her children; she has been suffering from a mental illness and her family says she is on medication and the situation is being managed.
6. Article 49(1)(h) of theConstitution 2010, gives every accused person a right to be released on reasonable bail terms unless there are compelling reasons. No compelling reasons have been raised to deny the accused bond. There is therefore no reason to deny accused bond; I therefore allow the application for bond.
7. Final orders:- 8. The accused be released on a bond of Kshs 500,000/= with a surety of a similar amount.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 17TH DAY OF NOVEMBER, 2022. ………………………………RACHEL NGETICHJUDGEIn the Presence of:Kinyua/Martin – Court AssistantAccused - PresentMr Kasyoka for State