[2018] KEHC 4870 (KLR)
Despite the constitutional right to bail, the court found compelling reasons to deny bail at this stage. The accused are brothers charged with murdering their father, and several prosecution witnesses are close relatives, including minors, who live in the same area. The court considered there to be a significant...
Source-derived case information.
- Citation
- [2018] KEHC 4870 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Kihia Ndirangu; Defendant: Isaac Gichuki Ndirangu
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 8 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail
- Outcome
- Bail denied for the time being.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Kihia Ndirangu
Defendant
Isaac Gichuki Ndirangu
Defendant
Procedural Posture
Criminal Case / Ruling on Bail
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial for murder.
- 2 Whether there are compelling reasons to deny bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
Despite the constitutional right to bail, the court found compelling reasons to deny bail at this stage. The accused are brothers charged with murdering their father, and several prosecution witnesses are close relatives, including minors, who live in the same area. The court considered there to be a significant risk of interference with witnesses and awkward home circumstances if the accused were released. Therefore, bail was denied for the time being, with the possibility of revisiting the issue after the relevant witnesses have testified.
Court Disposition
Bail denied for the time being.
Orders
- The accused persons are denied bail for now.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL CASE NO 8 OF 2018
REPUBLIC ..................................................... PROSECUTOR
VERSUS
1. CHARLES KIHIA NDIRANGU
2. ISAAC GICHUKI NDIRANGU ........................ ACCUSED
RULING ON BAIL
1. The Accused persons, CHARLES KIHIA NDIRANGU and ISAAC GICHUKI NDIRANGU, are charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 09/05/2018 that on 27/04/2018 at Metha Village in Wiyumiririe Location in Laikipia County they jointly murdered one JOHN NDIRANGU WANJAU.
2. On 04/07/2018 the Accused pleaded not guilty to the charge. Their trial is scheduled to commence on 15/10/2018. They have in the meantime applied to be admitted to bail. The Republic does not oppose.
3. Bail pending trial is now a constitutional right that will be denied only for compelling reason. Any conditions for such bail, again by constitutional edict, must be reasonable. For all that see Article 49(1) (h) of the Constitution of Kenya, 2010.
4. I have perused the witness statements and other documents supplied to the Accused persons and to the court by the prosecution. It is apparent that the Accused are brothers. The Deceased in the case was their father. I also note that some of the prosecution witnesses are siblings and uncles/nephews of the Accused, all living in the same area. At least one of those witnesses is a minor.
5. I am mindful of the fact that the Accused are innocent until proven guilty; but in the peculiar circumstances of this case, I consider that there is a great likelihood of the Accused interfering with some of the witnesses, not to mention the very awkward home circumstances that they would have to go back to if released on bail. This is a compelling reason for denying them bail for the time being. The issue may be re-visited once those witnesses have testified.
6. In the result the Accused persons will be denied bail for now. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 30TH DAY OF JULY 2018
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 31ST DAY OF JULY 2018