[2022] KEHC 14652 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the 2nd and 3rd accused persons bail. The constitutional right to bail under Article 49(1)(h) was reaffirmed, and the court emphasized that the presumption of innocence and the absence of any demonstrated risk justified the...
Source-derived case information.
- Citation
- [2022] KEHC 14652 (KLR)
- Parties
- Applicant: Republic; Defendant: Isaac Mureu Waweru; Defendant: Joseph Muthotho Wanjiku; Defendant: Anthony Ngigi Kamathi
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E017 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted to 2nd and 3rd accused; 1st accused's application deferred.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Isaac Mureu Waweru
Defendant
Joseph Muthotho Wanjiku
Defendant
Anthony Ngigi Kamathi
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial.
- 2 Whether there are compelling reasons to deny bail to the accused persons.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the 2nd and 3rd accused persons bail. The constitutional right to bail under Article 49(1)(h) was reaffirmed, and the court emphasized that the presumption of innocence and the absence of any demonstrated risk justified the grant of bail. The court therefore ordered the release of the 2nd and 3rd accused on bond with sureties, while deferring the 1st accused's bail application pending further submissions.
Court Disposition
Bail granted to 2nd and 3rd accused; 1st accused's application deferred.
Orders
- Joseph Muthotho Wanjiku and Anthony Ngigi Kamathi are each released on their own bond of Kshs.2 million with each providing two sureties for similar amount.
- The 1st accused's bail application is deferred pending further submissions.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Waweru & 2 others (Criminal Case E017 of 2022) [2022] KEHC 14652 (KLR) (3 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14652 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E017 of 2022
MM Kasango, J
November 3, 2022
Between
Republic
Prosecutor
and
Isaac Mureu Waweru
1st Accused
Joseph Muthotho Wanjiku
2nd Accused
Anthony Ngigi Kamathi
3rd Accused
Ruling
1. The above named three accused persons are charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. On 27th June, 2022 when the charge was read out, the three pleaded not guilty. The date for their trial is yet to be set. Joseph Muthotho Wanjiku the 2nd accused and Anthony Ngigi the 3rd accused applied to be released on bail pending the conclusion of their trial. The 1st accused Isaac Mureu Waweru requested that he be allowed to argue his bail application after his learned counsel has supplied this Court with legal authorities.
2. Article 49(1)(h) of the Constitution provides that accused/suspected person has a right to be released on bond or bail, on reasonable conditions, pending a charge or trial unless thee are compelling reasons not to be released. That constitutional provision signifies how the people of Kenya guaranteed both to the accused/suspects the right to bail and the right to have that bail set at reasonable terms. A case that highlights the right to bail is the case of Ahmed Mohammed Omar & 6 Other [2010] eKLR where the court stated:-“The question of bail is sometimes misunderstood. When a man is accused he is nevertheless still presumed to be innocent and the object of keeping him in custody prior to trial is not on the theory that he is guilty but on the necessity of having him available for trial. It is proper that bail should be granted when the Judge is satisfied that the bail will ensure the accused appearing at his trial.”
3. There being no compelling reasons to deny the accused bail/bond, I grant the following orders:-a.Joseph Muthotho Wanjiku and Anthony Ngigi Kamathi are each released on their own bond of Kshs.2 million with each providing two sureties for similar amount.
RULING DATED and DELIVERED at KIAMBU this 3rd day of NOVEMBER, 2022. MARY KASANGOJUDGECoram:Court Assistant : Mourice/JuliaAccused :- PresentFor 1st accused : - Isaac Mureu Waweru:- Ms. GithinjiFor 2nd accused : - Joseph Muthotho Wanjiku:-For 3rd accused : - Anthony Ngigi Kamathi:-Ms. Wanjiru MwangiFor DPP :- Mr. KashokaGachariaRULING delivered virtuallyMARY KASANGOJUDGE