[2020] KEHC 847 (KLR)
The court found that both accused persons, including the 2nd Accused, had already been granted bail on 15th May 2015, with the terms being KSh.100,000 and one surety in like sum. There were no new compelling reasons presented to warrant reconsideration of bail. Therefore, the application for bail by the 2nd Accused...
Source-derived case information.
- Citation
- [2020] KEHC 847 (KLR)
- Parties
- Applicant: George Muraya; Defendant: Simon Ngotho Muchina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 87 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- application dismissed
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Murder Charge, Right to Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Muraya
Applicant
Simon Ngotho Muchina
Defendant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the 2nd Accused, George Muraya, should be granted bail pending trial.
- 2 Whether there are any compelling reasons to deny bail to the 2nd Accused.
Ratio Decidendi
The court found that both accused persons, including the 2nd Accused, had already been granted bail on 15th May 2015, with the terms being KSh.100,000 and one surety in like sum. There were no new compelling reasons presented to warrant reconsideration of bail. Therefore, the application for bail by the 2nd Accused was dismissed as there was no basis for a fresh determination on the same issue.
Court Disposition
application dismissed
Orders
- Notice of Motion dated 1st July 2020 is dismissed.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO 87 OF 2016
SIMON NGOTHO MUCHINA........... 1ST ACCUSED
GEORGE MURAYA.....2ND ACCUSED/APPLICANT
VERSUS
REPUBLIC............................................PROSECUTOR
R U L I N G
1. The 2nd Accused George Muraya is charged, together with his co-accused Simon Ngotho Muchina, with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. They both pleaded not guilty and although their trial commenced as far as March 2019 it has not yet concluded. The prosecution has yet to close its case.
2. Before court is the Notice of Motion dated 1st July 2020 filed by George Muraya, the 2nd Accused. The 2nd Accused seeks to be released on bail pending trial. The second Accused has stated in that application that he has a right to bail as provided under Article 49 1(h) of the Constitution. There is before court a probation report which is favourable to the 2nd Accused being granted bail. The 2nd Accused has family members who also support his release on bail. Similarly, the victim’s family are not averse to 2nd Accused being granted bail.
3. Although the 2nd Accused has made the present application in my perusal of the court file I found that both Accused were granted bail on 15th May 2015. The court then stated this in its Ruling of that date:
“I find no compelling reason to deny the Accused persons (both Accused) bail. They will each be admitted to bail upon their own cognizance in the sum of KSh.100,000 and one surety in like sum.”
4. Both Accused having been granted bail in the above terms there is no basis to consider the 2nd Accused’s application.
5. Accordingly Notice of Motion dated 1st July 2020 is for those reasons dismissed.
SIGNED AND DELIVERED VIRTUALLY THIS 18TH DAY OF DECEMBER 2020.
MARY KASANGO
JUDGE
18th December 2020
Before Justice Mary Kasango
C/A - Kevin.
First Accused – No appearance
Second accused - Present
For both Accused - Mr. Munene
For the State - Mr. Kasyoka
COURT
Ruling virtually delivered in their presence.
MARY KASANGO
JUDGE