[2020] KEHC 7159 (KLR)
The court found that there were strong and compelling reasons to deny bail to the accused. The pre-bail report indicated that the accused attempted to escape from the scene and was only apprehended due to intervention by members of the public and police, establishing him as a flight risk. The local administration...
Source-derived case information.
- Citation
- [2020] KEHC 7159 (KLR)
- Parties
- Respondent: Republic; Applicant: Anthony Mburu Ngugi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2019
- Procedural Posture
- Criminal Case / Bail Pending Trial
- Outcome
- bail_refused
- Judges
- K Kimondo
- Legal Topics
- Bail Pending Trial, Compelling Circumstances, Flight Risk, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Anthony Mburu Ngugi
Applicant
Procedural Posture
Criminal Case / Bail Pending Trial
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 the accused bail.
- 3 Whether the accused poses a flight risk or threat to public safety.
Ratio Decidendi
The court found that there were strong and compelling reasons to deny bail to the accused. The pre-bail report indicated that the accused attempted to escape from the scene and was only apprehended due to intervention by members of the public and police, establishing him as a flight risk. The local administration opposed his release due to concerns for his safety, and the victim's family strongly objected to bail. These factors, taken together, constituted compelling circumstances justifying the refusal of bail under Article 49(1)(h) of the Constitution.
Court Disposition
bail_refused
Orders
- Bail is refused.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO. 10 OF 2019
REPUBLIC...............................PROSECUTOR
VERSUS
ANTHONY MBURU NGUGI........ACCUSED
RULING
1. The accused prays for bail pending trial.
2. His learned counsel, Mr. Waweru, submitted that the pre-bail report is favourable. He also said that the accused will relocate from the locus in quo.
3. The Director of Public Prosecutions opposes the application.
4. The accused faces the grave charge of murder. The Director of Public Prosecutions informs the High Court that on the 9th June 2019 at Methi Village, Murang’a South Sub-County within Murang’a County he murdered Serah Wambui Mburu.
5. He is presumed innocent at the present juncture. 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 three reasons. Firstly, the pre-bail report dated 17th September 2019, indicates that the accused attempted to escape from the scene. He was pulled out of a matatu by irate boda boda riders at a place known as Kabati. He was rescued from lynching by the police. He is separated “from six wives”. I have thus concluded that he is a flight risk. Secondly, the local administration is opposed to his release as his safety cannot be guaranteed. Thirdly, the family of the victim is angst about the homicide and strenuously opposes his release.
7. I thus find that there are strong and compelling reasons for denial of bail. Bail is refused.
It is so ordered.
DATED, SIGNEDandDELIVEREDatMURANG’Athis 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.