[2014] KEHC 771 (KLR)
The court held that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, and that the mere fact that the accused persons are charged with murder does not constitute a compelling reason to deny bail. Since the application was unopposed and no compelling reasons were presented to the...
Source-derived case information.
- Citation
- [2014] KEHC 771 (KLR)
- Parties
- Applicant: Titus Mutua Kilonzo; Applicant: Richard Mbuvi Kyengo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2014
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Constitutional Rights of Accused, Compelling Reasons for Bail, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Mutua Kilonzo
Applicant
Richard Mbuvi Kyengo
Applicant
Republic
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the applicants are entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the applicants bail.
Ratio Decidendi
The court held that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, and that the mere fact that the accused persons are charged with murder does not constitute a compelling reason to deny bail. Since the application was unopposed and no compelling reasons were presented to the court, the applicants were entitled to bail pending trial. The court therefore granted each accused person bond of Ksh. 1,000,000 with a surety in a similar sum.
Court Disposition
bail granted
Orders
- Each accused person is granted bond of Ksh. 1,000,000 with a surety in a similar sum.
Full Case Text
Judgment text and source record
18 paragraphs
No. 455/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CRIMINAL CASE NO. 21 OF 2014
TITUS MUTUA KILONZO....................1ST ACCUSED/APPLICANT
RICHARD MBUVI KYENGO.................2ND ACCUSED/APPLICANT
VERSUS
REPUBLIC............................................................RESPONDENT
R U L I N G
1. The application dated 25th August 2014 is for bail pending trial. It is premised on grounds that the applicants have a permanent place of abode; they are not a flight risk; they have good antecedents and are of moral standing; they are willing to abide with terms to be set by the court and there are no compelling reasons to deter them from being admitted to bail.
2. The application is unopposed.
3. Bail is a constitutional right. According to the provisions of Article 49(1) (h) of the Constitution, an accused person can only be denied bail if there are compelling reasons requiring his incarceration. The fact that the accused persons herein are charged with murder would be no good reason to deny them bail.
4. In the circumstances I grant each accused person bond of One Million (Ksh.1,000,000/=) with a surety in a similar sum.
5. It is so ordered.
DATED, SIGNED and DELIVEREDat MACHAKOS this 4THday of DECEMBER, 2014.
L.N. MUTENDE
JUDGE