[2015] KEHC 2432 (KLR)
The court found that the only compelling reason previously relied upon to deny bail was the alleged animosity from the community and potential threat to the applicant's life. Upon reviewing the investigation officer's affidavit, the deceased's mother's affidavit, and the pre-bail report, the court determined there...
Source-derived case information.
- Citation
- [2015] KEHC 2432 (KLR)
- Parties
- Applicant: Joyce Karema; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 37 of 2014
- Procedural Posture
- Criminal Case / Ruling on Second Bail Application Pending Trial
- Outcome
- Application for bail granted.
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Trial, Compelling Reasons for Bail, Community Security Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Karema
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Second Bail Application Pending Trial
Legal Issues
- 1 Whether the applicant should be granted bail pending trial.
- 2 Whether there exists a real threat to the applicant's life from the community that constitutes a compelling reason to deny bail.
Ratio Decidendi
The court found that the only compelling reason previously relied upon to deny bail was the alleged animosity from the community and potential threat to the applicant's life. Upon reviewing the investigation officer's affidavit, the deceased's mother's affidavit, and the pre-bail report, the court determined there was no evidence of a real threat to the applicant's safety from the community. Independent inquiries from the area Chief and Assistant Chief supported this conclusion. As no compelling reason remained, the applicant was entitled to bail as of right under the Constitution.
Court Disposition
Application for bail granted.
Orders
- Accused 1 is granted bond of KShs. 300,000 plus one surety of like sum.
- Accused must abide by all bond terms, failing which the bond will be cancelled.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 37 OF 2014
JOYCE KAREMA………………………………………..APPLICANT
VS
REPUBLIC……………………………………………..RESPONDENT
RULING
The applicant (1st Accused) seeks to be released on bond/bail pending the hearing of her case. This is the second application the first one having been rejected by J. Lesiit. The main reason for denial of bond was that there was still animosity from the community and the accused’s security could not be guaranteed. I have read the Investigation Officer’s affidavit, that of the deceased’s mother and the pre-bail report. Though it is alleged that the deceased’s family is still bitter about their loss, there is no evidence that community is likely to endanger accused’s life. The report also contains an enquiry from the Chief and Assistant Chief of the area who are more independent than the relatives of the deceased. I am satisfied that there is no real threat to accused’s life from the society. That having been the only compelling reason for denial of bond. For that reason I will grant the application and grant Accused 1 bond of KShs.300,000/= plus one surety of like sum. Accused is warned to abide by all the bond terms, in default, the same will be cancelled.
It is so ordered.
DATED AND SIGNED THIS 28TH DAY OF SEPTEMBER, 2015.
R.P.V. WENDOH
JUDGE
28/9/2015