[2012] KEHC 4980 (KLR)
The court held that while the Constitution provides a right to bail for all accused persons, including those charged with murder, this right is not absolute. The court found that the accused's known antecedents and the seriousness of the murder charge constituted compelling reasons to believe he posed a high flight...
Source-derived case information.
- Citation
- [2012] KEHC 4980 (KLR)
- Parties
- Respondent: Republic; Applicant: Carlos Muli Kimeu
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Judgment Date
- 26 March 2012
- Case Number
- Criminal Case 12 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail denied; accused to remain in remand pending trial
- Judges
- JV Juma
- Legal Topics
- Bail Application, Flight Risk, Murder Charge
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Carlos Muli Kimeu
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny the accused bail in a murder case.
Ratio Decidendi
The court held that while the Constitution provides a right to bail for all accused persons, including those charged with murder, this right is not absolute. The court found that the accused's known antecedents and the seriousness of the murder charge constituted compelling reasons to believe he posed a high flight risk. Consequently, the court exercised its discretion to deny bail and ordered that the accused remain in remand pending trial.
Court Disposition
bail denied; accused to remain in remand pending trial
Orders
- The application for bail is declined.
- The accused shall remain in remand prison pending the hearing and determination of his case.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 12 OF 2012
REPUBLIC ………………………..………………..…… PROSECUTION
=VERSUS=
CARLOS MULI KIMEU ….…………………………….…... ACCCUSED
RULING
Before court is the bond application made by the accused CARLOS MULI KIMEU who faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The applicant seeks to be released on bail/bond during the pendancy of his trial. This application for bail was opposed by the State. It is now a well established fact that Article 49(1)(h) of the Constitution of Kenya entitles allaccused persons (including those facing capital charges) to be released on bond. The only proviso to this is that a court may decline to grant an accused person bond where ‘compelling reasons’ exist to so deny him.
I have carefully considered this bail application as well as the replying affidavit sworn by INSPECTOR FRANCIS MWIKYA on 15th March 2012. The question of whether or not the accused has a fixed abode is not in my view the key question. The known antecedents of the accused persuade me that he does pose a high flight risk, especially where the charge is as serious as murder. For this reason I decline to admit the accused to bail. He will remain in remand prison pending the hearing and determination of his case.
Dated and delivered in Mombasa this 26th day of March 2012.
M. ODERO
JUDGE
In the presence of:
Mr. Maosa for Accused
Mr. Gioche for State