[2014] KEHC 348 (KLR)
The court found that, despite the constitutional right to bail, the pre-bail assessment report provided compelling reasons to deny bail. The report detailed ongoing conflicts between the accused and his community, specific threats to the safety of his father and other family members who are witnesses, and the...
Source-derived case information.
- Citation
- [2014] KEHC 348 (KLR)
- Parties
- Applicant: Republic; Defendant: Dennis Nyabengi Miroro
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Judgment Date
- 11 November 2014
- Case Number
- Criminal Case 16 of 2013
- Procedural Posture
- Criminal Case / Ruling on Oral Bond Application
- Outcome
- application for bond declined
- Legal Topics
- Bail and Bond, Murder Charges, Pre Bail Assessment, Constitutional Rights, Victim Protection
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dennis Nyabengi Miroro
Defendant
Procedural Posture
Criminal Case / Ruling on Oral Bond Application
Legal Issues
- 1 Whether the accused is entitled to bail under Article 49 of the Constitution despite being charged with murder.
- 2 Whether there are compelling reasons to deny the accused bail as required by law.
- 3 Whether the safety of the accused, his family, and the community justifies denial of bail.
Ratio Decidendi
The court found that, despite the constitutional right to bail, the pre-bail assessment report provided compelling reasons to deny bail. The report detailed ongoing conflicts between the accused and his community, specific threats to the safety of his father and other family members who are witnesses, and the inability of the police to guarantee the accused's security due to prior threats from the community. The court determined that both the rights of the accused and the rights of the victims and their families must be balanced. Given the risk to the accused's life, the safety of witnesses, and the broader community, the court concluded that the accused is not fit to be admitted to bail...
Court Disposition
application for bond declined
Orders
- The application to admit the accused to bond and bail is hereby declined.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 16 OF 2013
REPUBLIC………………………….APPLICANT
VERSUS
DENNIS NYABENGI…………………..ACCUSED
RULING
This is an oral application for bond for the accused person, Dennis Nyabengi Miroro. The said accused person was charged for murder contrary to section 203 as read with 204 of the Penal Code. It is alleged that on the 16th day of February, 2013 at Nyakumbati sub-location in Masaba Souty District within Kisii county he murdered Mary Kemuma Nyakoni.
He denies the offence but then asks for bond. The constitution of Kenya 2010 makes murder bailable, unless there are compelling reasons for bond not to granted. The constitution further states if the accused is released, it should be on reasonable conditions.
The state on its part has not filed their response giving compelling reasons why bond should not be granted. However, the court has a pre-bail assessment report from the Department of Probation. In that report the accused is in constant conflicts with his community members. In particular, his own father is wary of him and feels he will not be safe with him out on bond. He contends that the accused being out on bond will be a threat to his own father and a threat to other family members who are witnesses in this case and he may not be trusted to keep the bond terms.
The community say, “it is not only him we want; his mother too is not welcome in our village for she is the one encouraging him to commit crimes”.
The police at Ibacho police post say they may not guarantee his security given that he was rescued from an irate crowd who wanted to lynch him.
Thus the report concludes: “it is my opinion that the accused person, in the best interest of his life, his father’s security and the security of the general community, the accused person is NOT fit to be admitted to bail”. Thus not recommendable for bail.
The court takes into account these opinion sometimes to secure the life of the accused himself despite his constitutional right to bail. The right of the victim and their family is also taken into consideration. For both rights are constitutionally guaranteed.
Accordingly, the application to admit the accused to bond and bail is hereby declined.
It is so ordered.
Dated and delivered at KISII this 11th day of November, 2014
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Onyancha for Masese for the applicant.
Otieno for the state for the respondent
Edwin Mongare Court clerk.