[2016] KEHC 6958 (KLR)
The court found that although the accused has a constitutional right to bail, the right is not absolute and may be limited by compelling reasons. The court considered the negative probation report, which described the accused as confrontational and hostile, and noted her parents' reluctance to stand surety. The...
Source-derived case information.
- Citation
- [2016] KEHC 6958 (KLR)
- Parties
- Respondent: Republic; Applicant: Agnes Karwirwa Ikunyua
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- bail application denied; accused to remain in remand pending trial
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Flight Risk, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Agnes Karwirwa Ikunyua
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail, including risk of flight and interference with witnesses.
Ratio Decidendi
The court found that although the accused has a constitutional right to bail, the right is not absolute and may be limited by compelling reasons. The court considered the negative probation report, which described the accused as confrontational and hostile, and noted her parents' reluctance to stand surety. The absence of a fixed abode and the lack of family support increased the risk of flight. The court also considered allegations of threats to the deceased's mother, though no documentary evidence was provided. Weighing these factors, the court concluded that the accused posed a significant flight risk and that compelling reasons existed to deny bail. Accordingly, the application for...
Court Disposition
bail application denied; accused to remain in remand pending trial
Orders
- The application for bond by the accused is declined.
- The accused shall remain in remand pending trial.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CR CASE NO. 1 OF 2013
REPUBLIC…………………………………………PROSECUTOR
VS
AGNES KARWIRWA IKUNYUA .........……………….ACCUSED
RULING
Before me is an application for bail dated 16/11/2015 in which Agnes Karwirwa seeks to be released on bail pending trial. The application is supported by her own affidavit in which she depones that she has a Constitutional right to bail unless there are compelling reasons to deny her bail; that she is deemed to be innocent till proved otherwise and that she is ready to comply with any conditions that the court may impose and will attend all court sessions as will be required of her. She denied that she is a flight risk.
The application was opposed. A replying affidavit was sworn by the deceased’s mother Janet Karambu who depones that while accused was in custody at Maua, accused wrote to her a letter threatening to kill her and she made a report vide OB 30/14/08/2014; that she lives in constant fear of the accused and therefore opposed the application to release accused on bond. The second replying affidavit was sworn by PC Robert Chesire the Investigation Officer, who deponed that accused has no fixed abode and hence a flight risk and that while she was at Maua Police Station, accused wrote a letter to the deceased’s mother threatening her. In addition, this court called for a Pre-bail report in respect of accused.
Although the accused has a right to bail, the said right is not absolute. Bail will be denied if the court finds that there are compelling reasons to deny the same. The primary consideration in such an application is whether the accused will turn up for the trial. Other considerations are whether accused will interfere with witnesses, her past character or antecedents; and whether her security will be guaranteed if released.
Although the deceased’s mother swore an affidavit that she was threatened through a letter and a report made at the police station, the court is surprised that a copy of the said letter containing threats was not exhibited.
The above notwithstanding, the report by the Probation Officer is very negative. The social enquiry revealed that accused is a very confrontational person and difficult to relate with others even in prison where she is held; that she reacted in a very hostile manner towards the Probation Officer who went to make enquiries indicating that she was not keen to be released on bond anyway. A further observation is that though her parents have a title deed, they did not seem keen to stand surety for her and it seems that accused will be a flight risk if released.
Having considered accused’s negative attitude and anti-social attitude, and the fact that her own parents are not even keen on offering any security for her, this court is of the view that she might be a flight risk.
For the above reasons, the court declines to grant accused’s application for bond and she will remain in remand pending trial.
DATED, SIGNED AND DELIVERED THIS 9TH DAY OF FEBRUARY, 2016.
R.P.V. WENDOH
JUDGE
9/2/1016
PRESENT
Mr. Kariuki for State
Peninah/Ibrahim, Court Assistants
Mr. Muriuki Holding Brief for Mr. Mutuma for Accused
Accused, Present