[2014] KEHC 3979 (KLR)
The court found that the prosecution had demonstrated compelling reasons to deny bail, specifically the unrebutted evidence of hostility from the community towards the accused persons and the real threat to their safety if released. The court held that while the state is obligated to provide security, the prevailing...
Source-derived case information.
- Citation
- [2014] KEHC 3979 (KLR)
- Parties
- Applicant: Republic; Defendant: Ceasar Mwangi; Defendant: Cecilia Gathoni Thairu
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail denied
- Legal Topics
- Bail Application, Compelling Reasons, Public Security, Community Hostility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ceasar Mwangi
Defendant
Cecilia Gathoni Thairu
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial in light of alleged security threats and community hostility.
- 2 Whether the prosecution has demonstrated compelling reasons to deny bail as required by law.
Ratio Decidendi
The court found that the prosecution had demonstrated compelling reasons to deny bail, specifically the unrebutted evidence of hostility from the community towards the accused persons and the real threat to their safety if released. The court held that while the state is obligated to provide security, the prevailing circumstances—where even police officers were attacked during the accused's arrest—indicate that releasing the accused would not be in the interest of public safety or the accused's own security. The court concluded that these factors outweigh the presumption of bail and justify its denial at this stage, with liberty to review the application as the trial progresses.
Court Disposition
bail denied
Orders
- The accused persons are denied bond at this stage.
- The accused persons may review their application for bond in the course of trial.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 17 OF 2013
REPUBLIC …........................................................................PROSECUTOR
VERSUS
CEASAR MWANGI ......….....................................................1ST ACCUSED
CECILIA GATHONI THAIRU ......…......................................2ND ACCUSED
RULING
The accused persons were charged with the offence of murder contrary to section 203 as read with section 204 of the Penal code the particulars of which were that on the 18th day of July 2013 at Gathugu village in Mathira East District within Nyeri County jointly with malice aforethought murdered JENNIFER WANJIKU MAINA and on 27th August 2013 both pleaded not guilty to the said charge.
Pursuant to the provisions of Article 49 of the Constitution the court on 2nd June 2014 ordered that the prosecution file an affidavit if they had compelling reasons to deny the accused persons bond and further order a pre bail report to be filed on the accused persons.
In reply to the application for bond the state through corporal Joseph Ndivo on 26th March 2014 filed an affidavit wherein that the accused persons were attacked by the members of the public who intended to kill them in vengeance and that the situation on the ground is still very volatile that the accused persons are likely to be attacked should they be released on bond.
Pre bail report as a guide was filed in respect of the first accused in which the probation officer confirmed that the community is still hostile to the accused persons to the extent that they attacked the police who came to the rescue of the accused at the time of the arrest.
Mr. Cheboi for the state submitted that the security of the accused persons is not guaranteed should they be released on bail as a result of the attitude of the community towards them. Mr. Njuguna for the 1st accused submitted that it is the duty of the state to provide security for all its citizens including the accused person. He further submitted that the court must balance the interest of the family of the accused and that of the victims.
Miss Mwai for the family of the victims submitted that there is still a lot of hostility and that this possibility of the accused persons walking around freely might intimidate the witnesses and therefore the exercise of judicial power should be in considerate of the rights of the other parties.
It is noted that the fact that there are hostility from the members of the public towards the accused persons has not been rebutted, and whereas the state has duty to provide the security to all its citizens including the accused persons where an accused person's security is threatened the court ought to take that into consideration.
I therefore take the view that the attitude of the members of the public towards the accused persons and their security if released on bond are compelling reasons which ought to be taken into account while determining an application for bond.
From the affidavit evidence tendered and the pre bail report releasing the accused persons at this stage will not be the public interests and public security of the accused persons. I would therefore deny the accused persons bond at this stage. The accused persons are at liberty to review their application in the course of trial.
Dated and delivered at Nyeri this 20th day of June 2014.
J. WAKIAGA
JUDGE
Miss Muhoro for Lucy Mwai watching brief
Miss Maundu for the state
Mr. Njuguna Kimani for the accused.
Court: Ruling read in open court. Mention on 14th October 2014 for further order.
J. WAKIAGA
JUDGE
20/6/2014