[2015] KEHC 1542 (KLR)
The court found that bail is a constitutional right and that the prosecution failed to provide compelling reasons to deny the applicants bail. The pre-bail reports did not reveal sufficient risk of flight or interference with witnesses, and the concerns raised by the deceased's family were not substantiated with...
Source-derived case information.
- Citation
- [2015] KEHC 1542 (KLR)
- Parties
- Appellant: Republic; Respondent: Albert Wafula Wasike; Respondent: Wilnex Wakoli Wanyama
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Murder Case 20 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Bail Application Pending Hearing
- Outcome
- application for bail allowed
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Albert Wafula Wasike
Respondent
Wilnex Wakoli Wanyama
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bail Application Pending Hearing
Legal Issues
- 1 Whether the applicants are entitled to bail pending hearing despite being charged with murder.
- 2 Whether there are compelling reasons to deny the applicants bail.
Ratio Decidendi
The court found that bail is a constitutional right and that the prosecution failed to provide compelling reasons to deny the applicants bail. The pre-bail reports did not reveal sufficient risk of flight or interference with witnesses, and the concerns raised by the deceased's family were not substantiated with specific details. The passage of time since the alleged offence and the lack of concrete evidence of risk led the court to conclude that there were no compelling reasons to continue holding the applicants in custody. Consequently, the applicants were admitted to bond.
Court Disposition
application for bail allowed
Orders
- Each applicant to be released on a bond of Kshs. 1,000,000 with one surety of a like sum.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
MISCELLANEOUS CASE NO. 20 OF 2013
REPUBLIC………………………....…….. APPELLANT
VERSUS
ALBERT WAFULA WASIKE…........1ST RESPONDENT
WILNEX WAKOLI WANYAMA ….. 2ND RESPONDENT
RULING
1. The applicants Albert Wafula Wasike and Wilnex Wakoli Wanyama are faced with the offence of murder Contrary to Section 203 as read with 204 of the Penal Code. The particulars of the offence are that on the night of 13th/14th October, 2013 at an unknown turn at Kamba village in East Bukusu location within Bungoma county, jointly with others not before court they murdered one Joseph Sifuna Munene.
Both pleaded not guilty and sought to be admitted to bond pending hearing. A pre bail report was prepared for both to give insight into their background and if there were any compelling reasons do deny them bail.
2. The family of the 1st accused supported his release and indicated willingness to stand surety. The community around did not find him a flight risk, although the family of the deceased was apprehensive and fact that he may interfere with the witnesses. As for the 2nd accused the community looks at him as a habitual offender, the victims’ family is of the view that he may harm them or interfere with the witnesses, after the alleged crime his two homes were torched by angry members of the community.
3. Bail pending hearing is a constitutional right unless there are Compelling reasons. The applicants first appeared in court on 1st November, 2013. This was more than 1 year 8 months ago. Even if the ground was hostile, things must have gone quiet by now. I note that the pre bail reports were prepared early, 2014. Secondly no details are given as to why the deceased family was apprehensive of the release of the 2nd accused and why the fear felt that he may interfere with witnesses.
4. As earlier stated bail/bond pending hearing is a right, with the above observations I have no compelling reasons to continue holding the applicants. I consequently admit the applicants to bond. They may each be released on a bond of Kshs. One million (1,000,000) with one surety of a like sum.
Dated at Bungoma this 27th day of October 2015
ALI-ARONI
JUDGE.