[2023] KEHC 24131 (KLR)
The court found that, although the accused is presumed innocent and entitled to bail under Article 49 of the Constitution, the circumstances presented—including previous convictions, threats to the deceased and his father, the subsequent death of the deceased in a fire, and the risk to the accused's safety from mob...
Source-derived case information.
- Citation
- [2023] KEHC 24131 (KLR)
- Parties
- Applicant: Republic; Respondent: Shadrack Moses Barasa
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E018 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail/bond Application
- Outcome
- Bail/bond denied; accused to remain in custody pending trial.
- Judges
- WM Musyoka
- Legal Topics
- Bail and Bond, Compelling Reasons, Flight Risk, Accused Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Shadrack Moses Barasa
Respondent
Procedural Posture
Criminal Case / Ruling on Bail/bond Application
Legal Issues
- 1 Whether the accused should be released on bail or bond pending trial.
- 2 Whether compelling reasons exist to deny the accused bail or bond under Article 49 of the Constitution.
Ratio Decidendi
The court found that, although the accused is presumed innocent and entitled to bail under Article 49 of the Constitution, the circumstances presented—including previous convictions, threats to the deceased and his father, the subsequent death of the deceased in a fire, and the risk to the accused's safety from mob hostility—constitute compelling reasons to deny bail at this stage. The court determined that it was prudent to err on the side of caution and ordered that the accused remain in custody for his own safety and the interests of justice, pending trial.
Court Disposition
Bail/bond denied; accused to remain in custody pending trial.
Orders
- The accused shall remain in custody during the duration of his trial.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Barasa (Criminal Case E018 of 2023) [2023] KEHC 24131 (KLR) (27 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24131 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E018 of 2023
WM Musyoka, J
October 27, 2023
Between
Republic
Prosecution
and
Shadrack Moses Barasa
Accused
Ruling
1. When the accused took plea on 24th August 2023, the prosecution indicated that it was opposed to his being admitted to bail/bond, and that it had filed an affidavit setting out the grounds. Mr. Obimba, the Advocate on record for the accused, had not been furnished with a copy of that affidavit, and the matter was put off to another date for that reason.
2. The matter was placed before me on 12th October 2023. The parties addressed me on the issue of bail/bond.
3. Mr. Obimba argued that no evidence had been filed, and that the accused was not a flight risk, as he had no passport, and was of fixed abode, had a family and was gainfully employed. He emphasized the rights under Article 49 of the Constitution.
4. Ms. Chepkonga, for the Republic, said compelling reasons existed for denial of bond, based on the affidavit of the investigating officer of 24th August 2023. The accused had previous convictions. He had issued threats to his father and the deceased, about burning their house, and shortly thereafter the house of the deceased caught fire, and her body was found inside. He was said to have been rescued from a mob by the police, and his safety could not be guaranteed.
5. I have considered the submissions made by both sides, the affidavit by the investigating officer and the authorities cited. It would be best to err on the side of caution. I believe that the circumstances militate against the release of the accused on bail/bond for now, for his own good. He shall remain in custody during the duration of his trial.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 27TH DAY OF OCTOBER 2023W MUSYOKAJUDGEAdvocatesMs. Chepkonga, instructed by the Director of Public Prosecutions, for the respondent.Mr. Obimba, Advocate for the accused person.