[2014] KEHC 4664 (KLR)
The court found that the accused went into hiding for a month after the alleged offence, which was not denied by the accused. This conduct demonstrated a likelihood of absconding if released on bail. The court held that this constituted a compelling reason to deny bail, as the risk of the accused failing to attend...
Source-derived case information.
- Citation
- [2014] KEHC 4664 (KLR)
- Parties
- Applicant: Republic; Defendant: David Mwaki Kalunge
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2014
- Procedural Posture
- Criminal Trial / Ruling on Bail Application
- Outcome
- bail application rejected
- Legal Topics
- Bail Application, Murder Charge, Compelling Reasons, Likelihood of Absconding
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
David Mwaki Kalunge
Defendant
Procedural Posture
Criminal Trial / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial for murder.
- 2 Whether there are compelling reasons to deny bail under the circumstances.
Ratio Decidendi
The court found that the accused went into hiding for a month after the alleged offence, which was not denied by the accused. This conduct demonstrated a likelihood of absconding if released on bail. The court held that this constituted a compelling reason to deny bail, as the risk of the accused failing to attend trial could not be overruled. Accordingly, the application for bail was rejected.
Court Disposition
bail application rejected
Orders
- The application for bail/bond by the accused is declined.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HCR NO. 13 OF 2014
LESIIT, J
REPUBLIC……………………….…………….…...…...PROSECUTOR
V E R S U S
DAVID MWAKI KALUNGE…….………………..……………ACCUSED
R U L I N G
The Accused faces one count of murder contrary to section 203 as read with section 204 of the penal Code. Mr. Nyenyire urged the application for bail on accused behalf. Counsel urged the court to give reasonable bond terms.
1. Mr. Mungai in response to the Application urged that the accused should not be granted bond because the accused went into hiding after committing the offence for a whole month.
2. The record shows that while the offence was committed on 8th February, 2014, the accused was arraigned in court in 3th March, 2014. That gives credence to prosecution’s submission that the accused went into hiding soon after this offence. The accused has not controverted that allegation. It means he does not deny same.
3. One of the grounds to decline bail is if the accused is likely to abscond or jump bail and fail to attend his trial. The accused went into hiding soon after the offence. The chance of the accused absconding once granted bail cannot be overruled.
4. Considering all these circumstances and facts, I am satisfied that there are compelling reasons not to grant accused bail. In the circumstances I decline to grant accused bail/bond in this case. His application rejected.
DATED SIGNED AND DELIVERED AT MERU THIS 5TH DAY OF JUNE, 2014
LESIIT,J.
JUDGE