[2016] KEHC 5143 (KLR)
The court found that there were no compelling reasons to deny the accused persons bond. The prosecution's allegation that the accused went into hiding was not supported by evidence, and the pre-bail reports were favourable, indicating the accused were of good character, had no prior criminal records, and had strong...
Source-derived case information.
- Citation
- [2016] KEHC 5143 (KLR)
- Parties
- Applicant: Republic; Respondent: Boniface Kiogora; Respondent: Jameleck Kaburu Mugira; Respondent: Benard Murianki Mbaya
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 83 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- application for bond allowed
- Judges
- RPV Wendoh
- Legal Topics
- Bail and Bond, Pretrial Release, Flight Risk, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Boniface Kiogora
Respondent
Jameleck Kaburu Mugira
Respondent
Benard Murianki Mbaya
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused persons are entitled to bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused persons bond under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused persons bond. The prosecution's allegation that the accused went into hiding was not supported by evidence, and the pre-bail reports were favourable, indicating the accused were of good character, had no prior criminal records, and had strong family ties in Meru. The court held that the accused were not a flight risk and that their constitutional right to bond should be upheld. Accordingly, the application for bond was allowed, and appropriate terms were set for their release.
Court Disposition
application for bond allowed
Orders
- Each accused may be released on bond of KShs.250,000 plus one surety of like sum or, in the alternative, cash bail of KShs.75,000 each.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 83 OF 2015
REPUBLIC ………………………............………….…. PROSECUTOR
VERSUS
BONIFACE KIOGORA …………………….…….….....1ST ACCUSED
JAMELECK KABURU MUGIRA.................................2ND ACCUSED
BENARD MURIANKI MBAYA.....................................3RD ACCUSED
RULING
The three accused, Boniface Kiogora, Jameleck Kaburu MugiraandBenard Murianki Mbaya, face a charge of murder contrary to Section 203 as read with section 204 of the Penal Code CAP 63 of the Laws of Kenya. They have filed the Notice of Motion dated 24/2/2016 seeking to be released on bond pending the hearing of this case. Each of them swore an affidavit in support of the application. The grounds upon which the application is brought are that the accused have an unqualified right to bond on reasonable grounds, pursuant to Article 49 (1) (h) of the Constitution; that the offence is bailable and they are ready to comply with whatever terms the court will grant; that they are Kenyan citizens from Meru where they have their residences and are not a flight risk.
The Investigation Officer filed a replying affidavit in which he depones that after the commission of the offence, the accused went into hiding and were arrested after 4 days and are therefore, a flight risk. The accused persons filed a further affidavit denying the allegation and stating that they were at their homes from where they were arrested.
The primary consideration in an application for bond is whether an accused will turn up for his trial. In this case, the court called for prebail reports which were favourable to all the accused. They are said to be of good character – all have not been involved in any criminality before. They are also said to have families in Meru who are willing to provide security for the accused and are therefore not a flight risk.
Although the Investigation Officer states that the accused had gone into hiding, there is no evidence made by the Police to arrest the accused after the 4 days. In my considered view, there are no compelling reasons to warrant the acused being denied bond.
In the end, I allow the application and grant accused persons bond as follows:
Each accused may be released on bond of KShs.250,000/= plus one surety of like sum or in the alternative, cash bail of KShs.75,000/= each.
DATED, SIGNED AND DELIVERED THIS 11TH DAY OF MAY, 2016.
R.P.V. WENDOH
JUDGE
11/5/2015
PRESENT
Mr. Mulochi for State
Mr. Munene Kiumi Holding Brief for Mr. Mutegi for Accused
Ibrahim/Peninah, Court Assistants
All Present, Accused