[2022] KEHC 11464 (KLR)
The court found that, based on the Pre-bail Reports and the history of the accused persons being at large for a significant period after the alleged murder, there was a substantial risk that they would abscond if released on bond. The court determined that this risk would prejudice or defeat the process of the...
Source-derived case information.
- Citation
- [2022] KEHC 11464 (KLR)
- Parties
- Applicant: Republic; Defendant: Chakaya Nicholas Chigumba alias Chigumba Foyo; Defendant: Kapote Jangaa alias Wasi Kapote; Defendant: Nyale Lugo alias Hamisi alias Chibogo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bond Application Review
- Outcome
- Application for release on bond declined.
- Judges
- A. Ong’injo
- Legal Topics
- Bail and Bond, Pretrial Detention, Flight Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chakaya Nicholas Chigumba alias Chigumba Foyo
Defendant
Kapote Jangaa alias Wasi Kapote
Defendant
Nyale Lugo alias Hamisi alias Chibogo
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application Review
Legal Issues
- 1 Whether the accused persons should be granted bond pending trial.
- 2 Whether the accused persons pose a flight risk that would prejudice the trial.
Ratio Decidendi
The court found that, based on the Pre-bail Reports and the history of the accused persons being at large for a significant period after the alleged murder, there was a substantial risk that they would abscond if released on bond. The court determined that this risk would prejudice or defeat the process of the trial. Consequently, the application for release on bond was declined, as the compelling reasons threshold had been met.
Court Disposition
Application for release on bond declined.
Orders
- The application for release on bond by the accused persons is declined.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Chigumba & 2 others (Criminal Case 6 of 2019) [2022] KEHC 11464 (KLR) (3 June 2022) (Ruling)
Neutral citation: [2022] KEHC 11464 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 6 of 2019
A. Ong’injo, J
June 3, 2022
Between
Republic
Prosecutor
and
Chakaya Nicholas Chigumba alias Chigumba Foyo
1st Accused
Kapote Jangaa alias Wasi Kapote
2nd Accused
Nyale Lugo alias Hamisi alias Chibogo
3rd Accused
Ruling
1. By a ruling delivered on January 22, 2019 A1 & A2 were denied bond. A3 was arrested and charged subsequently and when his charged was consolidated with that of A1 & A2 the trial judge declined to grant him bond for same reasons given in the ruling delivered on July 22, 2019.
2. The accused persons advocate appeared for reviewed of the ruling denying accused persons bond and fresh Pre-bail Reports were called for.
3. This court has considered the Pre-bail Reports dated March 15, 2022 and filed on March 16, 2022 in respect of the accused persons.
4. In consideration of the Recommendations made in the Report for A1 and in consideration of the evidence that they were at large for querying longtime following the murder of the deceased, this court is afraid that they are likely to flee and prejudice/defeat the process of the trial herein.
5. In the circumstances the application for release on bond is declined.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 3RD DAY OF JUNE 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel- Court AssistantMr. Ngiri for StateAccused persons- present in personsMr. Gitonga Advocate hold brief for Obara Advocate &Ms. Mwanzia AdvocateHon. Lady Justice A. Ong’injoJudge