[2022] KEHC 16921 (KLR)
The court held that while the accused is entitled to the presumption of innocence and the constitutional right to bail, the seriousness of the double murder charges and the risk of absconding or interfering with witnesses constitute compelling reasons to deny bail in this case. The pre-bail report, though generally...
Source-derived case information.
- Citation
- [2022] KEHC 16921 (KLR)
- Parties
- Applicant: Director of Public Prosecutions; Defendant: Ferine Pinquett Maero
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E011 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail denied; hearing to be fast-tracked.
- Judges
- WM Musyoka
- Legal Topics
- Bail Application, Presumption of Innocence, Compelling Reasons, Murder Charges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director of Public Prosecutions
Applicant
Ferine Pinquett Maero
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial despite facing double murder charges.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court held that while the accused is entitled to the presumption of innocence and the constitutional right to bail, the seriousness of the double murder charges and the risk of absconding or interfering with witnesses constitute compelling reasons to deny bail in this case. The pre-bail report, though generally favourable, noted the accused's confrontational attitude and questioned the long-term benefit of admitting her to bond. The court exercised its discretion to deny bail and directed that the hearing be fast-tracked, with the prosecution required to provide all evidence to the accused ahead of the hearing date.
Court Disposition
Bail denied; hearing to be fast-tracked.
Orders
- Bail is denied to the accused.
- The hearing of the case shall be fast-tracked.
Full Case Text
Judgment text and source record
20 paragraphs
Director of Public Prosecutions v Maero (Criminal Case E011 & E012 of 2022 (Consolidated)) [2022] KEHC 16921 (KLR) (23 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16921 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case E011 & E012 of 2022 (Consolidated)
WM Musyoka, J
December 23, 2022
Between
Director of Public Prosecutionss
Republic
and
Ferine Pinquett Maero
Accused
Ruling
1. On September 23, 2022, in a ruling delivered on that date, I directed that a fresh pre-bail report be done on the accused herein. That was done. A pre-bail report was filed herein on October 31, 2022. I heard arguments on its contents, on November 1, 2022, from Ms Kagai for the republic, Dr Malala for the family of the victims, and Mr Kituyi for the accused.
2. I have read through the report. It would appear to be generally favourable to the accused person, despite pointing out that her attitude was confrontational, and that she may not benefit in the long-run from being admitted to bond, on account of that.
3. I am alive to the fact that bond is a constitutional right, available to all offenders, regardless of the seriousness of the offence. It is to be granted at the discretion of the court. The only limitation is that it ought not be granted where compelling reasons exist.
4. I am conscious of the fact that the accused faces double murder charges. Much as the accused is entitled to presumption of innocence, and the right to bail, the seriousness of the charge cannot be taken for granted. The possibility of jumping bail, or interfering with witnesses, would be very real, in the circumstances. My inclination is to deny bail, and I accordingly do so.
5. I would direct that the hearing be fast-tracked. The republic should ensure that all the evidence marshalled against the accused is made available to her ahead of whatever date is going to be given for the hearing. It is so ordered.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 23RD DAY OF DECEMBER, 2022. WM MUSYOKAJUDGEMr Erick Zalo, court assistant.Ms Kagai, instructed by the Director of Public Prosecutions, for the republic.Mr Kituyi, advocate for the accused person.Dr Malala, advocate watching brief for the family of the victim.