[2025] KEHC 1171 (KLR)
The court held that, despite the seriousness of the charge of murder, the accused is entitled to bail under Article 49 of the Constitution. The prosecution did not oppose bail, and the court found no compelling reasons to deny it. However, the court noted the absence of detailed personal circumstances from the...
Source-derived case information.
- Citation
- [2025] KEHC 1171 (KLR)
- Parties
- Applicant: Zacharia Ngure Waithuku; Respondent: Prosecutor (Republic)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E060 of 2024
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted to the accused on specified terms.
- Judges
- AM Muteti
- Legal Topics
- Bail Pending Trial, Right to Bail, Murder Charge, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zacharia Ngure Waithuku
Applicant
Prosecutor (Republic)
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial despite being charged with murder.
- 2 What are the appropriate terms for granting bail in a murder case.
Ratio Decidendi
The court held that, despite the seriousness of the charge of murder, the accused is entitled to bail under Article 49 of the Constitution. The prosecution did not oppose bail, and the court found no compelling reasons to deny it. However, the court noted the absence of detailed personal circumstances from the defence to guide the setting of bail terms. Balancing the accused's right to liberty and the presumption of innocence, the court admitted the accused to bail on terms it considered reasonable and sufficient to secure attendance at trial, including a bond of Ksh. 1,000,000 with one surety of similar amount, provision of a contact person, and maintenance of an active mobile phone number.
Court Disposition
Bail granted to the accused on specified terms.
Orders
- Accused shall be released on bond of Ksh. 1,000,000 plus one surety of similar amount.
- Accused person shall provide details of one contact person who can be reached by the Investigating Officer.
Full Case Text
Judgment text and source record
20 paragraphs
Waithuku v Prosecutor (Criminal Case E060 of 2024) [2025] KEHC 1171 (KLR) (Crim) (25 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1171 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case E060 of 2024
AM Muteti, J
February 25, 2025
Between
Zacharia Ngure Waithuku
Accused
and
Prosecutor
Republic
Ruling
1. The 2nd Accused person Zacharia Ngure Waithuku was jointly charged with Ruth Njuhi Maina with the offence of murder. The two are alleged to have murdered one John Kando Njoroge on the 29th August 2024.
2. The prosecution has indicated to the court that they have no reasons to oppose the 2nd Accused persons release on Bail pending the trial. Article 49 of the Constitution guarantees the Right of Bail to all accused persons irrespective of the charge one faces.
3. The offence of murder though a grave one is bailable and the Accused persons charged with such an offence should be released on terms that are reasonable considering the seriousness of the offence and severity of sentence the offence attracts. The terms should be such that once the accused person is released on Bail, there is guarantee that he would return for trial. The personal circumstances of the accused were not laid out by the defence counsel to assist the court in determining the terms of release.
4. However, balancing the accused person’s right to liberty and considering that he is still presumed to be innocent under Article 50 of the Constitution, I hereby admit the 2nd Accused Zachariah Ngure Waithuku to bail in the following terms.a.Accused shall be released on Bond of Ksh. 1000,000/= plus one surety of similar amount.b.Accused person shall provide details of one contact person who can be reached by the Investigating Officer should the court require her attendance.c.The Accused person shall maintain a mobile phone number which she shall be required to keep in use until the matter is heard and determined.It is so ordered.
DATED, SIGNED AND DELIVERED IN VIRTUAL COURT AT NAIROBI THIS 25TH DAY OF FEBRUARY, 2025. A. M. MUTETIJUDGEIn the presence of:Kiptoo: Court AssistantMs Ogega for the ApplicantWanyanga for RespondentOgado for Interested Party