[2019] KEHC 3514 (KLR)
The court found that there had been no change in circumstances since the previous denial of bail on 2/5/2019. The pre-bail report indicated compelling reasons, including concerns for the applicant's security and wellbeing if released, as well as community hostility. The applicant did not challenge the contents of...
Source-derived case information.
- Citation
- [2019] KEHC 3514 (KLR)
- Parties
- Applicant: Charles Muthee M’Irimba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2019
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- application dismissed
- Judges
- A Mabeya
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Muthee M’Irimba
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Application
Legal Issues
- 1 Whether the applicant is entitled to bail/bond pending trial under the Constitution.
- 2 Whether there are compelling reasons to deny the applicant bail/bond.
- 3 Whether there has been a change of circumstances since the previous denial of bail.
Ratio Decidendi
The court found that there had been no change in circumstances since the previous denial of bail on 2/5/2019. The pre-bail report indicated compelling reasons, including concerns for the applicant's security and wellbeing if released, as well as community hostility. The applicant did not challenge the contents of the pre-bail report or demonstrate any change in the situation. Therefore, the court saw no basis to review or reverse its earlier order denying bail, and dismissed the application for lack of merit.
Court Disposition
application dismissed
Orders
- The application dated 27/5/19 for bail/bond pending trial is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 13 OF 2019
CHARLES MUTHEE M’IRIMBA.......APPLICANT
VERSUS
REPUBLIC.........................................RESPONDENT
R U L I N G
1. By a Motion on Notice dated 27/5/2019, the applicant has sought that he be granted Bail/Bond pending trial. The application is supported by his affidavit sworn on the same date. He avers that he has a constitutional right to be released on bail/bond pending trial and that he shall abide by all the terms and conditions that the court may set. The application has not been opposed by the state.
2. This is the second time the applicant is seeking to be released on bond. This court had declined a similar application on 2/5/2019 on the basis of the reasons on record. In that decision, the court found that on the basis of the pre-bail report dated 4/4/19, there were compelling reasons, including the security and wellbeing of the applicant, not to release him on bond. Members of the community and that of the victim were of the view that tragic consequences may be occasioned upon the applicant if he is released on bond terms.
3. There is nothing to show that there has been change of circumstances then obtaining. Further, the applicant has not disputed what the said report stated or shown that the circumstances have changed. In the circumstances, I see no reason to review the order made on 2/5/19.
4. In the circumstances, I find that the application dated 27/5/19 lacks merit and the same is therefore dismissed.
DATEDand DELIVEREDat Meru this 17th day of October, 2019.
A. MABEYA
JUDGE