[2019] KEHC 5811 (KLR)

[2019] KEHC 5811 (KLR)

The court found that there were no compelling reasons to deny the applicant, a minor charged with murder, bail pending trial. The applicant was not considered a flight risk, had no history of criminal activity, and the probation officer recommended release on reasonable terms. The constitutional right to bail under Article 49(1)(h) was upheld, and the court granted bail with conditions to ensure the applicant's appearance and safety of the community.

Citation
[2019] KEHC 5811 (KLR)
Parties
Applicant: WJM alias MS; Respondent: Republic
Court
High Court
Court Station
High Court at Kitui
Jurisdiction
Kenya
Judgment Date
25 June 2019
Case Number
Criminal Case 37 of 2018
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Outcome
Bail granted to the applicant on reasonable terms.
Judges
LN Mutende
Legal Topics
Bail Pending Trial, Child Offenders, Murder Charge
Source Language
English
Criminal Law Bail Pending Trial Child Offenders Murder Charge

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

WJM alias MS

Applicant

Republic

Respondent

Procedural Posture

Bail Application / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the applicant, a minor charged with murder, should be granted bail pending trial.
  2. 2 Whether there exist compelling reasons to deny bail to the applicant.

Ratio Decidendi

The court found that there were no compelling reasons to deny the applicant, a minor charged with murder, bail pending trial. The applicant was not considered a flight risk, had no history of criminal activity, and the probation officer recommended release on reasonable terms. The constitutional right to bail under Article 49(1)(h) was upheld, and the court granted bail with conditions to ensure the applicant's appearance and safety of the community.

Court Disposition

Bail granted to the applicant on reasonable terms.

Orders

  • The applicant is granted bond of Kshs. 200,000 with a surety of like sum.