[2017] KEHC 1851 (KLR)
The court found that while the prebail report recommended release on bond, the concerns raised by the deceased's father and stepmother regarding their safety could not be ignored. The Probation Officer and Community Administrators had not adequately addressed these fears. The court determined that the evidence of...
Source-derived case information.
- Citation
- [2017] KEHC 1851 (KLR)
- Parties
- Applicant: Republic; Defendant: David Kimathi Kiliungu alias Chrome
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 32 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond application deferred pending further evidence.
- Legal Topics
- Murder Charge, Bail and Bond, Prebail Report, Victim Impact, Community Safety
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Kimathi Kiliungu alias Chrome
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused should be released on bond pending trial for murder.
- 2 Whether the fears expressed by the deceased's family regarding their safety are sufficient to deny bond.
Ratio Decidendi
The court found that while the prebail report recommended release on bond, the concerns raised by the deceased's father and stepmother regarding their safety could not be ignored. The Probation Officer and Community Administrators had not adequately addressed these fears. The court determined that the evidence of the deceased's family should be taken first to assess the legitimacy and gravity of their concerns before reconsidering the accused's bond application. Therefore, the application for bond was deferred pending the hearing of the family's evidence.
Court Disposition
Bond application deferred pending further evidence.
Orders
- The evidence of the deceased's father and stepmother to be taken before reconsidering the accused's bond application.
- Bond application to be relooked at after hearing the evidence of the deceased's family.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO.32 OF 2015
REPUBLIC.........................................PROSECUTION
VS
DAVID KIMATHI KILIUNGU
ALIAS CHROME........................................ACCUSED
RULING ON BOND
The accused David Kimathi Kiliungu was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya. Particulars are that David Kimathi Kiliungu alias Chrome on the 15th day of March 2015 at Gichanini Village, Kangeta Location Igembe Central Sub/County within Meru County murdered Caroline Gakii Wanjiku.
Prebail Report filed on 27th September 2017 the Probation Officer recommended that accused be released on bond. However when the deceased persons relatives were interviewed, the father and step mother of the deceased expressed fears for their lives saying the accused can easily target them again.
Although community members are said to have said that accused is just a village drunk who cannot target anybody with an intention to cause harm. The Probation Officer and the Community Administrators have not addressed the fear expressed by the father and step mother of the deceased and it can’t be taken casually. In the circumstances their evidence will be taken first before issue of accused persons release on bond is relooked at again.
Orders accordingly.
HON. A.ONG’INJO
JUDGE
9. 11. 2017
Before Adwera – J
Penina – C/A
Accused – P/P
Mrs Mwathi for State.
Mr Nyenyire Advocate for accused – N/A
Court
Ruling delivered, dated and signed in court on 9th November 2017.
Hearing 19. 2.2018
HON. A.ONG’INJO
JUDGE