Republic v Colliatus Gaciata Cosmas [2017] KEHC 2229 (KLR)
- Citation
- [2017] KEHC 2229 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- F Gikonyo
- Case number
- Criminal Case 53 of 2015
- Language
- English
More details
- Court
- High Court
- Panel
- F Gikonyo
- Case number
- Criminal Case 53 of 2015
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the accused is a flight risk, as indicated by the pre-bail report and the prosecution's submissions that he has a history of hiding in Kisii after alleged crimes. Additionally, the court considered the explicit threats to the accused's life from the deceased's family, which could inadvertently induce the accused to abscond if released. The court emphasized that such threats are unacceptable and that justice must be administered through the courts, not by private individuals. The combination of the risk of absconding and the danger to the accused's safety constituted compelling reasons under Article 49(1)(h) of the Constitution to deny bail. The accused was therefore ordered to remain in custody until the case is heard or circumstances change.
Court disposition
Bail denied; accused to remain in custody until case is heard or circumstances change.
Orders
- The accused is denied bail and will remain in custody until the case is heard or if circumstances change.
02
Material facts
Parties
Republic
Applicant Counsel: M/s. MwathiColliatus Gaciata Cosmas
Respondent Counsel: Mr. Ondieki03
Procedural history
Posture
Criminal Case / Ruling on Bail Application
04
Questions and positions
Legal issues
- 01
Whether the accused should be released on bail pending trial.
- 02
Whether there are compelling reasons to deny bail under Article 49(1)(h) of the Constitution.
Party arguments
- Applicant
- The state, through Mr. Mungai, argued that the accused is a flight risk as he allegedly hides in Kisii after committing crimes. The police cannot control his movements, and there is a risk of absconding. The state opposed the release on bond.
- Respondent
- Counsel for the accused, through M/S Nelima holding brief for Mr. Ondieki, argued that the pre-bail report lacks evidence of previous convictions and that the accused has an alternative place of abode in Kisii, where he can reside while attending court.
05
Court’s reasoning
Legal principles
- 01
Article 49(1)(h) of the Constitution of Kenya
Bail may be denied if there are compelling reasons, including risk of absconding or threats to the accused's safety.
- 02
Constitution of Kenya, general principles
The rights of the accused are protected by the Constitution, and only a court of law can determine guilt and impose sentence.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the accused is a flight risk, as indicated by the pre-bail report and the prosecution's submissions that he has a history of hiding in Kisii after alleged crimes. Additionally, the court considered the explicit threats to the accused's life from the deceased's family, which could inadvertently induce the accused to abscond if released. The court emphasized that such threats are unacceptable and that justice must be administered through the courts, not by private individuals. The combination of the risk of absconding and the danger to the accused's safety constituted compelling reasons under Article 49(1)(h) of the Constitution to deny bail. The accused was therefore ordered to remain in custody until the case is heard or circumstances change.
Obiter and limits
- Society must understand that only courts of law can determine guilt and mete out sentences.
- Barbaric tendencies such as threats to the accused have no place in modern Kenya and must be eradicated through civic education.
- Rehabilitation of offenders should be prioritized over ostracization.
Court disposition
Bail denied; accused to remain in custody until case is heard or circumstances change.
- The accused is denied bail and will remain in custody until the case is heard or if circumstances change.
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO.53 OF 2015
REPUBLIC
Versus
COLLIATUS GACIATA COSMAS.........RESPONDENT
RULING
Uncouth expression: We will kill the accused
[1] On 4th May 2017, Mr. Ondieki, legal counsel for the accused person applied for his client to be released on bond. The court had ordered for a pre-bail report to be filed. Unsigned Report was filed in court. M/S Nelima, holding brief for Mr. Ondieki submitted on the report. She urged that the report is not supported by any evidence especially that the accused had been convicted of any previous offence. She further stated that the accused has another place of abode at Kisii where he can resided as he comes to court for hearing of this case. Mr. Mungai, state counsel argued that the police do not have a way of controlling the movement of the accused and that he may abscond. He objected to his release on bond.
[2] The accused is said to be a flight risk for he goes back to Kisii to hide every time he has committed a crime. His activities at home before arrest have been vividly described in the report by the probation officer. I also note of the threat to the accused by the family of the deceased who have stated categorically that they will kill the accused if he is released. Such conduct is primitive and has no place in modern Kenya where rights of the accused person have been clearly enshrined in and protected by the Constitution; and life is sacrosanct. Even if the family of the deceased has pain following the death of their kin- and naturally this is the case- vicious tendencies towards an accused persons cannot be justified; it merely creates a feeling of dreariness in the court. Our society should know that it is only a court of law which can lawfully find a person guilty and mete out a sentence thereto. Again, our society should know that this country is governed by the rule of law and no one should take the law into his or her own hands whatever the circumstances.In any event, societies should re-engineer themselves and be prepared to rehabilitate the offenders into productive persons in society rather than cast them away in the manner I have experienced in various parts of the country. Civic education is also necessary towards that end. And I hope the government religious and
faith based institutions, Law Society of Kenya, human rights organization and civil society to mention a few will be fully engaged in this noble exercise and eradicate these barbaric tendencies. Nonetheless, I consider the danger to the accused to be of vital bearing on this case and may as well inadvertently induce absconding by the accused. In sum, there is possibility of the accused absconding. This is a compelling reason under article 49(1) (h) of the Constitution for which a person may be denied bail or bond. Accordingly, I deny him bail. He will remain in custody until case is heard or if circumstances change. It is so ordered.
Dated, signed and delivered in open court at Meru this 2nd day of November, 2017
-----------------------------------
F. GIKONYO
JUDGE
In the presence of:
M/s. Mwathi for State
Accused – present
Ondieki – absent
-----------------------
F. GIKONYO
JUDGE
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.