[2018] KEHC 6500 (KLR)
The court found that the prosecution, after consulting with the Investigating Officer, conceded that there were no compelling reasons to deny the applicant bail. The applicant's assurance that his father would act as surety further mitigated concerns of absconding or interference with witnesses. In the absence of...
Source-derived case information.
- Citation
- [2018] KEHC 6500 (KLR)
- Parties
- Applicant: Simon Muthui Kitula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2018
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted to the applicant.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Muthui Kitula
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the applicant bail.
Ratio Decidendi
The court found that the prosecution, after consulting with the Investigating Officer, conceded that there were no compelling reasons to deny the applicant bail. The applicant's assurance that his father would act as surety further mitigated concerns of absconding or interference with witnesses. In the absence of compelling reasons, the applicant was entitled to bail as a constitutional right. The court therefore granted bail on terms deemed appropriate to secure the applicant's attendance at trial.
Court Disposition
Bail granted to the applicant.
Orders
- The applicant is granted bond of Kshs. 2,000,000 with a surety in a similar sum.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITUI
CRIMINAL CASE NO. 7 OF 2018
SIMON MUTHUI KITULA...........................................APPLICANT
VERSUS
REPUBLIC...................................................................RESPONDENT
R U L I N G
1. The Applicant/Accused who is charged with the offence of Murdercontrary to Section 203as read with 204of the Penal Codeapproached this Court by way of Notice of Motion pursuant to the provisions of Article 49(1)(h)of the Constitutionseeking to be released on bail pending trial.
2. The application is premised on the ground that the Applicant has a right to being released on bail as there are no compelling reasons to have him denied the same.
3. The Prosecution Counsel, Mr. Mamba Vincentdeposed an affidavit dated 17th April, 2018opposing his release on bail on the ground that the Applicant may interfere with witnesses and is likely to abscond considering the fact that he faces a serious charge.
4. At the hearing Mr. Ngala MulonzyaCounsel for the Applicant argued that the father of the Accused would be his surety therefore he would not abscond and he would not interfere with witnesses.
5. In response Mr. Mambastated that he had liased with the Investigating Officer and established that there was no compelling reason why the Accused should not be released on bail.
6. That being the case I grant the Accused/Applicant bond of Kshs. 2,000,000/=with a surety in a similar sum.
7. It is so ordered.
Dated, Signed and Deliveredat Kitui this 17thday of May,2018.
L. N. MUTENDE
JUDGE