[2018] KEHC 5702 (KLR)
The court found that the updated Pre-Bail Report provided sufficient detail regarding the appellant's background, family, community ties, and the victim's views. The report confirmed that the appellant is not a flight risk and that his family is prepared to stand surety. The court was satisfied that the interests of...
Source-derived case information.
- Citation
- [2018] KEHC 5702 (KLR)
- Parties
- Appellant: Stephen Mwaniki Muriuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 64 of 2017
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bail Pending Appeal
- Outcome
- application for bail pending appeal allowed
- Judges
- NA Matheka
- Legal Topics
- Bail Pending Appeal, Pre Bail Report, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mwaniki Muriuki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending appeal.
- 2 Whether the Pre-Bail Report provides sufficient information to assess the appellant's suitability for bail.
- 3 Whether the appellant poses a flight risk or is likely to interfere with the victim or proceedings.
Ratio Decidendi
The court found that the updated Pre-Bail Report provided sufficient detail regarding the appellant's background, family, community ties, and the victim's views. The report confirmed that the appellant is not a flight risk and that his family is prepared to stand surety. The court was satisfied that the interests of justice would be served by granting bail pending appeal, subject to appropriate conditions, including a substantial bond and surety, as well as requirements for the appellant to keep the Probation Officer informed of any change of address.
Court Disposition
application for bail pending appeal allowed
Orders
- The application for bail pending appeal is allowed.
- The appellant/applicant be released on bond of Ksh. 500,000 with one surety of a similar amount. The appellant/applicant to deposit a recent full photo of himself and copy of his National Identity card.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL APPEAL NO.64 OF 2017
STEPHEN MWANIKI MURIUKI.......................APPELLANT/APPLICANT
VERSUS
REPUBLIC..................................................................................RESPONDENT
R U L I N G
On 15th February 2018 I delivered a ruling on the appellant’s application for bail pending appeal. In my ruling I noted the paucity of information on the appellant’s background, family, community ties, the victim of his crime etc. in the Pre-Bail Report filed on 20th November 2017. I set out the gaps in the ruling and directed that a further detailed Pre-Bail Report be filed before I could issue final orders.
I have perused the Pre-Bail Report filed on 22nd March 2018. It clearly sets out the appellant/applicant’s background, home information, family, community ties. The views of the victim are well captured. More importantly the family is ready to stand surety for him and ensure that he comes to court as and when required. The background check confirms he is not a flight risk and the victim of his crime may even benefit from the appellant/applicant being out on bond.
I have taken into consideration all the relevant factors.
I make the following orders:-
1) The application for bail pending appeal is allowed.
2) The appellant/applicant be released on bond of Ksh. 500,000/= with one surety of a similar amount. In addition, the appellant/applicant to deposit a recent full photo of himself and copy of his National Identity card.
3) In the event of being released the appellant to inform the Probation Officer of his address if there is change.
4) The Deputy Registrar to approve the surety and give the necessary directions on mentions.
5) A mention date be fixed in the registry for directions on the hearing of the appeal.
Dated, delivered and signed in open court at Nyeri this 17th April 2018.
MUMBUA T. MATHEKA
JUDGE
In the Presence of;
Court Assistant: A. Atelu
Appellant/ applicant present
Mr. Njue for state no appearance (left)
Ms. Waikwa holding brief for Mr. Gori for the applicant.
MUMBUA T. MATHEKA
JUDGE