[2015] KEHC 2869 (KLR)
The court found that bail is a constitutional right for any offence, including murder, and may only be denied if compelling reasons are shown. The prosecution did not oppose the application for bail, and upon reviewing the witness statements, the court found no compelling reason to deny the accused bail....
Source-derived case information.
- Citation
- [2015] KEHC 2869 (KLR)
- Parties
- Applicant: Republic; Defendant: Wilson Mungai Muhonge
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2014
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Application for bail pending trial allowed.
- 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
Applicant
Wilson Mungai Muhonge
Defendant
Procedural Posture
Bail Application / Ruling on Bail 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 bail is a constitutional right for any offence, including murder, and may only be denied if compelling reasons are shown. The prosecution did not oppose the application for bail, and upon reviewing the witness statements, the court found no compelling reason to deny the accused bail. Consequently, the accused was granted bail on his own cognizance with a monetary condition and a surety.
Court Disposition
Application for bail pending trial allowed.
Orders
- The accused shall be released pending trial on his own cognizance in the sum of KShs 100,000 plus one surety in like sum.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO 34 OF 2014
REPUBLIC ………………………………………………… PROSECUTOR
VERSUS
WILSON MUNGAI MUHONGE……….............…..….…………….ACCUSED
R U L I N G
1. This is an application for bail pending trial (notice of motion dated 17/02/2015).The AccusedWilson Mungai Muhonge is charged with murder contrary to section 203as read withsection 204of thePenal Code. It is alleged that on 20/09/2014 at about 8. 00 p.m. at Athena Estate within Makongeni area in Kiambu County, he murdered one Milka Waithera Mungai. He pleaded not guilty; his trial is scheduled to start on 16th June 2015.
2. Bail is a constitutional right for any offence. It will be denied only for compelling reason. Any conditions imposed for bail must be reasonable. For all these see Article 49(1) (h) of the Constitution of Kenya, 2010.
3. The Republic has not opposed the Accused’s release on bail. I have read the witness statements supplied to the court and the Accused by the Republic. I find no compelling reason to deny the Accused bail.
4. In the event I will allow the application. The Accused shall be released pending his trial on his own cognizance in the sum of KShs 100,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 16TH DAY OF JUNE 2015
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 19TH DAY OF JUNE 2015