[2016] KEHC 2461 (KLR)
The court found that the accused, charged with murder, is constitutionally entitled to bail pending trial unless compelling reasons are shown to deny such bail. Upon reviewing the prosecution's witness statements and documents, the court found no compelling reasons to deny bail. The Republic did not oppose the...
Source-derived case information.
- Citation
- [2016] KEHC 2461 (KLR)
- Parties
- Appellant: Tabby Watiri Ng'ang'a; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail Application 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
Tabby Watiri Ng'ang'a
Appellant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application 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 as required by the Constitution.
Ratio Decidendi
The court found that the accused, charged with murder, is constitutionally entitled to bail pending trial unless compelling reasons are shown to deny such bail. Upon reviewing the prosecution's witness statements and documents, the court found no compelling reasons to deny bail. The Republic did not oppose the application. Therefore, the accused was admitted to bail on her own cognizance in the sum of KShs 300,000 plus one surety in like sum, in accordance with the constitutional mandate that bail should only be denied for compelling reasons and that any conditions imposed must be reasonable.
Court Disposition
Application for bail pending trial allowed.
Orders
- The accused shall be released upon her own cognizance in the sum of KShs 300,000 plus one surety in like sum.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 2 OF 2016
TABBY WATIRI NG’ANG’A........................................................APPELLANT
VERSUS
REPUBLIC................................................................................RESPONDENT
R U L I N G
1. The Accused in this case, Tabby Watiri Ng’ang’a, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 07/01/2016 that on 24/12/2015 at Kandara Township in Kandara Sub-County within Murang’a County, she murdered one Morris Ng’ang’a Ndung’u. On 08/03/2016 she pleaded not guilty. Her trial is scheduled to commence on 06/12/2016. In the meantime the Accused has applied by notice of motion dated 05/04/2016 to be admitted to bail pending her trial. The Republic does not oppose the application.
2. Bail pending trial is now a constitutional right for all criminal offences that will be denied only for compelling reason. Any condition for such bail, again by constitutional edict, must be reasonable. For all this see Article 49(1) (h) of the Constitution of Kenya, 2010.
3. I have perused the witness statements and other documents supplied to the Accused and to the court by the prosecution. I find in them no compelling reason to deny the Accused her constitutional right to bail pending her trial. As already stated, the Republic does not oppose bail.
4. In the circumstances I will admit the Accused to bail. She shall be released upon her own cognizance in the sum of KShs 300,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 15TH DAY OF SEPTEMBER 2016
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 16TH DAY OF SEPTEMBER 2016