[2015] KEHC 2009 (KLR)
The court found that, although the prosecution did not advance compelling reasons to deny bond, the pre-bail report indicated that the accused is a flight risk due to lack of a fixed abode and that his mother had relocated due to cultural beliefs associated with the murder allegations. The accused was also described...
Source-derived case information.
- Citation
- [2015] KEHC 2009 (KLR)
- Parties
- Respondent: Republic; Applicant: Dominic Muhangani
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Murder Case 41 of 2015
- Procedural Posture
- Criminal Murder Case / Ruling on Bond/bail Application Pending Trial
- Outcome
- Bond granted with stringent conditions.
- Legal Topics
- Bail and Bond, Compelling Reasons, Flight Risk, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Dominic Muhangani
Applicant
Procedural Posture
Criminal Murder Case / Ruling on Bond/bail Application Pending Trial
Legal Issues
- 1 Whether there are compelling reasons to deny the accused person bond pending trial.
- 2 Whether the accused is a flight risk or likely to interfere with witnesses.
Ratio Decidendi
The court found that, although the prosecution did not advance compelling reasons to deny bond, the pre-bail report indicated that the accused is a flight risk due to lack of a fixed abode and that his mother had relocated due to cultural beliefs associated with the murder allegations. The accused was also described as violent, cruel, and likely to interfere with witnesses, who are close relatives. Despite these concerns, the court exercised its discretion to grant bond, but imposed stringent conditions to ensure the accused's attendance at trial and to mitigate the risk of interference with witnesses or absconding. The bond was set at KES 1,000,000 with two sureties of like amount, and...
Court Disposition
Bond granted with stringent conditions.
Orders
- The accused may be released on bond of KES 1,000,000 plus two sureties of a like amount.
- Sureties must offer substantial security and be approved by the Deputy Registrar.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OFKENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL (MURDER) CASE NO. 41 OF 2015
REPUBLIC.........................................PROSECUTOR
VERSUS
DOMINIC MUHANGANI..............................ACCUSED
RULING
1. The accused person herein is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence being that on the 19th day of April, 2015 at Kamdep area at Khayega in Shitochi Sub-location in Kakamega East District within Kakamega County, he murdered Daniel Mmbaka. He has pleaded not guilty and is awaiting trial.
2. In the meantime the accused person prays that he be released on reasonable bond/bail terms pending trial. The accused has made this application under the provisions of article 49(1)(h) of the Constitution which provides that “An arrested person has the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.” It is the duty of the prosecution to offer such compelling reasons. Where no such reasons are given the court ought to exercise its discretion in favour of granting the accused bond.
3. In the instant case, the prosecution informed the court that there is no compelling reason why the accused person herein may not be released on bond.
4. The court also called for a pre-bail report which indicates that the accused is 29 years old and is still single. While his father is deceased, the mother is still alive and ekes out a living selling vegetables. He has 3 siblings. The report also reveals that the accused person lives in different places and only visits home sometimes. He is reported to be cruel, violent and has no respect for authority. His company consists of people with criminal tendencies. The accused is also said to abuse chang’aa and bhang.
5. The report also shows that the accused’s mother has been forced to move out of the home because of the allegations made against the accused. According to the report the community is of the view that the accused is likely to threaten witnesses’ and that he is a fight risk.
6. With the above information in mind the issue that arises for determination is whether there are compelling reasons why the accused may not be released on bond. It appears clear to me that the accused person is a flight risk because he does not appear to have fixed place of abode. The situation is made worse by the fact that the accused’s mother has been forced to relocate from the home to another place because of cultural beliefs associated with allegations of murder. Secondly, because of his violent and cruel nature, the accused person is likely to interfere with witnesses who are also close relatives since the deceased is said to have been a maternal cousin.
7. What all the above means is that if any bond terms are granted they must be such as would ensure that the accused turns up for trial. It would be a slap in the face of the victim’s family if the accused is granted bond only to vanish into their air and turn the trial into a white elephant. For the above reasons, I allow the bond application on the following terms.
1. The accused person may be released on bond of kshs.1,000,000/= (Kenya shillings one million) plus two(2) sureties of a like amount
2. The sureties who must offer substantial security shall be approved by the Deputy Registrar of the Honourable Court.
3. Once released on bond, the accused must attend court as and when required until the case is heard and determined or until further orders of this honorable court.
4. The accused once out on bond shall also report to Kakamega Police Station once every Monday until the case is heard and determined or until further orders of this honourable court.
5. In default of 3 and 4 above, the bond shall be cancelled at once and the sureties called to account
6. Mention on 26. 11. 2015 for fixing hearing dates
7. Until then accused is remanded in custody.
Orders accordingly
Ruling delivered, dated and signed in open court at Kakamega this 1st day of October, 2015
RUTH N.SITATI
JUDGE
In the presence of
Mr. Omwenga (present) for the state
Mr. Osango for Wekesa for the accused
Mr. Okoiti Court Assistant