Nicholus Mwenda Mutuku v Director of Public Prosecutions [2020] KEHC 1380 (KLR)
- Court
- High Court of Kenya
- Case number
- 1380
- Citation
- [2020] KEHC 1380 (KLR)
- Decided
- 27 October 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBail ApplicationPostureApplication for Bail GrantedCoramHON. JUSTICE D. OGEMBO OGOLA
Holding
The court grants the bail application and orders the applicant to be released on a bond of Ksh.1 million with one surety of a similar amount.
Facts
The applicant, Nicholas Mwendwa Mutuku, faces a charge of murder under sections 203 and 204 of the Penal Code.
Issues
- Bail application for an accused person facing murder charges
- Prosecution's objection to the bail application
Reasoning
The court considers the nature of the charge, the pre-bail report, and the prosecution's lack of objection, concluding that bail is a constitutional right and none of the compelling reasons have been shown.
Outcome
Bail Granted
Orders
- Release on a bond of Ksh.1 million with one surety of a similar amount
- Order to never interfere with or contact any prosecution witness until the case is determined
- Order to attend court at all times as ordered by the court
Authorities cited
Legislation (1)
- Penal Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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