[2020] KEHC 6205 (KLR)
The court found that the circumstances that led to the initial denial of bail—namely, the volatile situation in the locality, the risk of intimidation of civilian witnesses who are yet to testify, and the reliance on the probation report and State's objection—remain unchanged. As none of the civilian witnesses have...
Source-derived case information.
- Citation
- [2020] KEHC 6205 (KLR)
- Parties
- Applicant: Gerald Njerum'ibua; Applicant: Julius Mburu Kinanga; Applicant: John Nthiga Kirema; Applicant: Sisiria Katora Rochianga; Applicant: Leah Muthoni Ngigi; Applicant: Julius Njeru Kimenye; Applicant: Jornard Njagi Kibiubi; Applicant: Gedial Munyua Munugu; Applicant: Tom Kinyua Njoka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2019
- Procedural Posture
- Criminal Case / Application for Bond Pending Trial
- Outcome
- application for bond pending trial disallowed
- Judges
- BB Limo
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Witness Intimidation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gerald Njerum'ibua
Applicant
Julius Mburu Kinanga
Applicant
John Nthiga Kirema
Applicant
Sisiria Katora Rochianga
Applicant
Leah Muthoni Ngigi
Applicant
Julius Njeru Kimenye
Applicant
Jornard Njagi Kibiubi
Applicant
Gedial Munyua Munugu
Applicant
Tom Kinyua Njoka
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Application for Bond Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bond pending trial under the Constitution.
- 2 Whether there exist compelling reasons to deny the accused persons bail at this stage.
Ratio Decidendi
The court found that the circumstances that led to the initial denial of bail—namely, the volatile situation in the locality, the risk of intimidation of civilian witnesses who are yet to testify, and the reliance on the probation report and State's objection—remain unchanged. As none of the civilian witnesses have testified and the fears of interference persist, the court held that compelling reasons to deny bail still exist. Therefore, the application for bond pending trial was disallowed, with liberty to reapply after the majority of civilian witnesses have testified.
Court Disposition
application for bond pending trial disallowed
Orders
- The application dated 16th April 2020 for bond pending trial is disallowed.
- Applicants may apply for review after the majority of civilian witnesses have testified.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CRIMINAL CASE NO. 3 OF 2019
GERALD NJERUM'IBUA.........................................1ST ACCUSED/APPLICANT
JULIUS MBURU KINANGA....................................2ND ACCUSED/APPLICANT
JOHN NTHIGA KIREMA.........................................3RD ACCUSED/APPLICANT
SISIRIA KATORA ROCHIANGA...........................4TH ACCUSED/APPLICANT
LEAH MUTHONI NGIGI........................................5TH ACCUSED/APPLICANT
JULIUS NJERU KIMENYE.....................................6TH ACCUSED/APPLICANT
JORNARD NJAGI KIBIUBI....................................7TH ACCUSED/APPLICANT
GEDIAL MUNYUA MUNUGU...............................8TH ACCUSED/APPLICANT
TOM KINYUA NJOKA...........................................9TH ACCUSED/APPLICANT
VERSUS
REPUBLIC........................................................................................RESPONDENT
R U L I N G
1. Before this court is a Notice of Motion dated 16th April 2020 made by accused persons/Applicants seeking for bond pending trial.
2. The application is based on the grounds on the face of application which mainly is based on their constitutional right to bail and lack of compelling reasons in their view to deny them bail. They have averred that they have been in custody for more than a year and that they are all close family members with some of them advanced in age. They contend that any perceived tension that were initially there must have subsided by now.
3. The State through the Director of Public Prosecution has opposed this application through an affidavit sworn on 21st April 2020 by CIP Stanselons Mwangi Githiro. The investigating officer has deposed that this court disallowed a similar application dated 28th May 2019 on 24th July 2019. He asserts that the vulnerable civilian witnesses are yet to testify and that the situation on the ground is still volatile. He relies on the social inquiry reports that was earlier filed in this court.
4. I have considered this application and the response made by the State. It is true that this court vide a ruling dated 24th July 2019 found some compelling reasons to deny the accused persons bail. The reasons were hinged on the probation report and the objection raised by the State. The reasons were based on the fact that the situation in the locality where the accused persons came from is still fluid and given that the most witnesses are from the same locality and the manner in which the murder was executed, the civilian witnesses were likely to be intimidated and shy away from coming to court to testify. Those reasons and/or fears are still valid because so far none has testified in court. In the premises this court finds that nothing much has changed to persuade this court to review its position taken on 24th July 2019. For now the application dated 16th April 2020 is disallowed. The Applicants can apply for review after at least majority of the civilian witnesses have testified.
Dated, signed and delivered via zoom connected to Meru Prison, Chuka Prison and counsels on record this 7th day of May 2020.
R.K. LIMO
JUDGE
7/5/2020