Case ID:185899
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Republic v Rehab Wairimu Ngugi [2021] eKLR
Case Metadata
Case Number:
Criminal Case 34 of 2020
Parties:
Republic v Rehab Wairimu Ngugi
Date Delivered:
18 Nov 2021
Case Class:
Criminal
Court:
High Court at Kiambu
Case Action:
Ruling
Judge(s):
Mary Muhanji Kasango
Citation:
Republic v Rehab Wairimu Ngugi [2021] eKLR
Court Division:
Criminal
County:
Kiambu
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. 34 OF 2020
BETWEEN
REPUBLIC................................................PROSECUTOR
VERSUS
REHAB WAIRIMU NGUGI.............................ACCUSED
RULING
1.
REHAB WAIRIMU NGUGI
is charged with the offence of murder. She pleaded not guilty to the offence and has now applied that she be released on bail pending her trial.
2. I have considered the probation pre-bail report. I note that Rehab comes from a very humble background. She prays she be released on reasonable bail/bond terms.
3.
Article 49(1)(h)
of the Constitution provides that an arrested person has a right to be released on bond or bail on reasonable conditions pending charge or trial unless there are compelling reasons not to be released. The court however retains discretion of determination on what those compelling reasons are. In the case
REPUBLIC VS. DANFORD KABAGE MWANGI (2016) eKLR
made this clear as follows:-
“
I hold the view that after considering the circumstances of each case, the court has discretion to grant or refuse bail provided that the discretion is exercised judicially. In
REPUBLIC VS MILTON KABULIT & 60 OTHERS
Justice Emukule
in a well-reasoned decision said:-
‘My understanding of Section (sic) 49 (1) (g) (h) is firstly, that the right of an arrested person to bond or bail in respect of any offence is solely at the discretion of the court seized of the application. Secondly, the only accused entitled to a right to an automatic bond or bail are those charged with offences (which may be referred to as “petty offences”) the punishment of which {if found guilty and convicted) is either a fine only, or imprisonment for a term of less than six months.’”
4. In this case bearing the information contained in the probation pre-bail report, I find that there are no compelling reasons to refuse bail.
DISPOSITION
5. I am satisfied that
Rehab Wairimu Ngugi
is entitled to bail and accordingly I release her pending her trial on her personal bond of Kshs.100,000/= with one surety of the same amount..
RULING DATED AND DELIVERED AT KIAMBU THIS 18TH DAY OF NOVEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Maurice
For DPP :- Mr. Kasyoka
For Accused :- Mr. Mulinge
Accused
Rehab Wairimu Ngugi
:
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE