Case ID:174833

Nelson Muhangani Mugadi v Republic [2021] eKLR

Case Metadata

Case Number:

Criminal Case 19 of 2020

Parties:

Nelson Muhangani Mugadi v Republic

Date Delivered:

06 May 2021

Case Class:

Criminal

Court:

High Court at Kiambu

Case Action:

Ruling

Judge(s):

Mary Muhanji Kasango

Citation:

Nelson Muhangani Mugadi v Republic [2021] eKLR

Advocates:

Mr. Karanja for accused

Mr. Kasyoka for the State

Court Division:

Criminal

County:

Kiambu

Advocates:

Mr. Karanja for accused

Mr. Kasyoka for the State

History Advocates:

Both Parties Represented

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

CRIMINAL CASE NO. 19 OF 2020

NELSON MUHANGANI MUGADI…..............ACCUSED

VERSUS

REPUBLIC...............................................PROSECUTOR

RULING

1.

NELSON MUHAGANI MUGADI

is charged with the offence of murder contrary to

Section 203

as read with

Section 204

of the Penal Code. He has applied, by his application dated 25

th

February, 2021, that he be released on bail pending his trial. Under

Article 49(1)(h)

of the Constitution unless there are compelling reasons, an arrested person has the right to be released on bond or bail on reasonable conditions pending either his charge or trial. The grounds which could lead to refusal of bail were considered in the case of

REPUBLIC VS. ROBERT ZIPPORT NZILU (2018)

eKLR

that is, where an accused may endanger the safety of public, where he the accused may fail to attend his trial, where he may attempt to influence or intimidate witnesses or conceal or destroy evidence, or jeopardise the proper functioning of the criminal justice system, amongst others.

2. The Director of Public Prosecutions did not oppose bail application but requested that the sureties be person who reside in Kiambu or Nairobi County because the accused is resident of Kakamega.

3. I have considered the probation pre-bail report, which report is positive towards the bail application.

4. In view of the above and bearing in mind the offence the accused faces and the serious possible punishment, if the accused is convicted I make the following orders:-

(a)

Nelson Muhagani Mugadi

shall be released on bond of Kshs.500,000/= with two sureties of similar amount.

(b) The accused shall not interfere with prosecution’s witnesses

RULING DATED, SIGNED and DELIVERED at KIAMBU this 6

TH

day of MAY, 2021.

MARY KASANGO

JUDGE

Coram:

Court Assistant…………… Ndege.

Applicant: …………………… present

For accused ...…………… Mr. Karanja

Mr. Kasyoka ……………….for the State

COURT

Ruling delivered virtually.

MARY KASANGO

JUDGE