[2017] KEHC 1947 (KLR)
The court found that, given the offence was committed less than six months prior and the deceased's family is still in mourning, it is reasonable to delay consideration of bond to allow the mourning period to end. The court also considered the risk of interference with witnesses, as alleged by the family and...
Source-derived case information.
- Citation
- [2017] KEHC 1947 (KLR)
- Parties
- Respondent: Republic; Defendant: Benard Kiburi Njenjere
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 44 of 2017
- Procedural Posture
- Criminal Law / Ruling on Bond Application
- Outcome
- Bond denied at this stage; application may be renewed during trial if circumstances change.
- Legal Topics
- Murder Charge, Bail and Bond, Pre Bail Report, Witness Interference, Community Sentiment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Benard Kiburi Njenjere
Defendant
Procedural Posture
Criminal Law / Ruling on Bond Application
Legal Issues
- 1 Whether the accused should be granted bond pending trial for the offence of murder.
- 2 Whether the concerns of the deceased's family and the community justify denial of bond at this stage.
- 3 Whether the risk of interference with witnesses exists if the accused is released.
Ratio Decidendi
The court found that, given the offence was committed less than six months prior and the deceased's family is still in mourning, it is reasonable to delay consideration of bond to allow the mourning period to end. The court also considered the risk of interference with witnesses, as alleged by the family and community, and the divided community sentiment regarding the accused's release. These factors constituted compelling reasons to deny bond at this stage, but the court left open the possibility for the application to be renewed if circumstances change during the trial.
Court Disposition
Bond denied at this stage; application may be renewed during trial if circumstances change.
Orders
- The accused shall remain in custody pending trial.
- The application for bond may be renewed at any stage during the trial if circumstances change.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCR CASE NO.44 OF 2017
REPUBLIC ......................................................PROSECUTION
VS
BENARD KIBURI NJENJERE....................................ACCUSED
RULING ON BOND
Benard Kiburi Njenjere was charged with the offence of Murder contrary to Sections 203 as read with section 204 of the penal code.
Particulars are that Benard Kiburi Njenjere on the 3rd day of June 2017 at Kiangombe Village, Kariri Sublocation, Nchooro Location in Tigania West Sub/County within Meru County murdered Silas Kamuntiria M’Ikiao
The Pre-bail Report filed on 20th September 2017 indicated accused was unsuitable to be released on bond for reasons the deceased family members are still in mourning and their kinsman’s grave is still fresh. They also claim the accused has been bragging he will soon go back to the village and they fear is he going to interfere with witnesses.
Members of the community were divided as to whether accused should be released on bond. Others felt accused should remain behind bars and this would deter others from involvement in such misconducts. The deceased and offender were neighbours and the accused a very close friend to deceased brother but friendship has since been strained by the murder.
Being that offence was only committed less than 6 months in June 2017 I do think it is important to give some reasonable period of time for the mourning period to end before the court considers granting bond to the accused. The application maybe renewed at any stage during the trial in event circumstances change.
HON. A.ONG’INJO
JUDGE
9. 11. 2017
Before Adwera-Ong’injo
Penina – C/A
Mrs Mwathi for state
Mr Kiogora Mugambi Advocate for Holding brief for Mr Mutuma Advocate for accused.
Accused P/P
Court
Ruling Delivered, Dated and Signed in Court on 9th November 2017.
Hearing 12. 3.2017
HON. A.ONG’INJO
JUDGE