[2020] KEHC 7168 (KLR)
The court found that there were compelling reasons to deny bail to the accused. These included the likelihood of interference with witnesses, many of whom are close family members of the accused; concerns expressed by the victim's family about possible harm or intimidation; opposition from the community and local...
Source-derived case information.
- Citation
- [2020] KEHC 7168 (KLR)
- Parties
- Respondent: Republic; Applicant: Anthony Kimani Chege
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2019
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_refused
- Judges
- K Kimondo
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Anthony Kimani Chege
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny bail in this murder case.
Ratio Decidendi
The court found that there were compelling reasons to deny bail to the accused. These included the likelihood of interference with witnesses, many of whom are close family members of the accused; concerns expressed by the victim's family about possible harm or intimidation; opposition from the community and local administration due to safety concerns; and strong opposition from the victim's family. The court concluded that these factors constituted strong and compelling reasons justifying the refusal of bail, in line with the constitutional and statutory framework governing bail applications in murder cases.
Court Disposition
bail_refused
Orders
- Bail is refused.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO. 15 OF 2019
REPUBLIC………………………………………………………..PROSECUTOR
VERSUS
ANTHONY KIMANI CHEGE.…………..……………..……………..ACCUSED
RULING
1. The accused prays for bail pending trial.
2. His learned counsel, Mr. Waweru, submitted that there are no compelling reasons for denial of bail.
3. The Director of Public Prosecutions opposed the application. Reliance was placed on the pre-bail report dated 17th September 2019.
4. The accused faces the grave charge of murder. The Director of Public Prosecutions informs the High Court that on the night of 7th and 8th July 2019 at Kandundu Shopping Centre within Murang’a County he murdered Margaret Waithira Kamau.
5. He is presumed innocent at this moment. Under Article 49 (1) (h) of the Constitution, he is entitled to bail unless there be compelling circumstances. The overarching objective of bail is to ensure the accused attends trial. See Muraguri v Republic [1989] KLR 181.
6. I find that the accused is undeserving of bail for four reasons. Firstly, a number of the witnesses listed on the reverse side of the Information are close family members of the accused including his wife and children. The likelihood of interference with witnesses is thus not far-fetched. Secondly, the family of the victim has expressed reservations that the accused may harm them or intimidate them from giving evidence. Thirdly, the community and local administration are opposed to his release as his safety cannot be guaranteed. From the pre-bail report, there is still palpable anger at the locus in quo. Fourthly, the family of the victim is angst about the homicide and strenuously opposes his release.
7. All those are strong and compelling reasons for denial of bail. Bail is refused.
It is so ordered.
DATED, SIGNED and DELIVERED at MURANG’A this 26th day of March 2020.
KANYI KIMONDO
JUDGE
Ruling read in chambers in the presence of-
Accused absent in line with NCAJ’s Covid-19 pandemic guidelines of 15/3/2020.
No appearance by counsel for the accused.
No appearance by counsel for the Republic.
Ms. Dorcas, Court Assistant.