[2020] KEHC 6857 (KLR)
The court found that, despite the accused's constitutional right to bail and the presumption of innocence, the pre-bail report and the area assistant chief's letter established compelling reasons to deny bail at this stage. The accused's home environment was volatile and hostile, posing a real risk to his safety if...
Source-derived case information.
- Citation
- [2020] KEHC 6857 (KLR)
- Parties
- Respondent: Republic; Defendant: Bernard Karia Mwangi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail denied, subject to review after hearing key witnesses
- Judges
- NA Matheka
- Legal Topics
- Bail Application, Compelling Reasons, Presumption of Innocence, Witness Interference, Community Hostility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Bernard Karia Mwangi
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial.
- 2 Whether there exist compelling reasons to deny bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that, despite the accused's constitutional right to bail and the presumption of innocence, the pre-bail report and the area assistant chief's letter established compelling reasons to deny bail at this stage. The accused's home environment was volatile and hostile, posing a real risk to his safety if released. Additionally, the family and community expressed fears of witness interference and threats to their safety. No one was willing to stand surety for the accused, and he was not welcome at home. The court concluded that these factors constituted compelling reasons to deny bail, but left open the possibility of reviewing the decision after hearing key witnesses.
Court Disposition
bail denied, subject to review after hearing key witnesses
Orders
- The application for bond is denied for now.
- The matter may be reviewed after the court has heard key witnesses.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NUMBER 49 OF 2019
REPUBLIC........................................PROSECUTOR
VERSUS
BERNARD KARIA MWANGI................ACCUSED
R U L I N G (B A I L)
1. The accused Bernard Karia Mwangi is charged with Murder Contrary to Section 203 as read with 204 of the Penal Code. It is alleged that on 4th October 2019 at Kiratina, Nakuru East Sub County he murdered Lucy Nyira Ndung’u.
2. He pleaded not guilty on 25th November 2019. His counsel Ms. Ayuma applied for bond on favourable terms.
3. The Republic through Ms. Nyakira requested that the Pre-Bail Report be availed first. The first report availed on 30th January 2020 had gaps which the probation officer has now dealt with in the report dated 11th March 2020 and filed on 10th March 2020.
4. The report bears reference number BI/HC/20/01B but still does not bear the office stamp. The report is accompanied by the letter of Area Assistant Chief Kiratina Sub-Location, one Serah who informs the court that as at 5th March 2020 the home environment was volatile and hostile to the accused who risks being lynched. She states, that this is a case where the accused burnt his wife with petrol leading to her death. She says the accused’s safety is not guaranteed if he is released on bond.
5. The accused person’s right to be presumed innocent until proved guilty notwithstanding, it is clearly not safe for him to be released on bond.
6. The family members were interviewed and it came out clearly that they were still traumatized by the events leading to the death of the victim herein. Their greatest fear is that he will interfere with witnesses, and that he may also be a threat to the family if released. He is obviously not welcome at home and no one as yet has shown interest in standing surety for him.
7. The accused is entitled to bond subject to the existence of compelling reasons against it. Herein, he is accused of killing his wife by setting her on fire with petrol. He is presumed innocent until proven guilty. However, the social inquiry report indicate his life may be in danger. He may endanger the lives of other members of the family. He may interfere with witnesses, the community where he lives does not want anything to do with him. So his social capital has dwindled.
8. His application for bond is denied for now subject to review after the court has heard key witnesses.
9. Orders accordingly.
Delivered, Dated and Signed at Nakuru this 9th day of April, 2020.
Mumbua T. Matheka
Judge
In the presence of:- Via ZOOM
Edna Court Assistant
For state Ms. Mburu
Ms. Ayuma for accused