[2016] KEHC 4083 (KLR)
The court found that the prosecution failed to provide evidence of compelling reasons to deny bail. The allegations of possible interference with witnesses were unsupported by evidence, and the pre-bail reports indicated no hostility in the community and positive recommendations from the local administration. The...
Source-derived case information.
- Citation
- [2016] KEHC 4083 (KLR)
- Parties
- Applicant: Republic; Defendant: Doris Mwari Ikiao; Defendant: Janet Kanyua Ikiao
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 86 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- application for bail allowed
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Doris Mwari Ikiao
Defendant
Janet Kanyua Ikiao
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused persons bail.
- 3 Whether the accused are likely to interfere with witnesses if released on bail.
Ratio Decidendi
The court found that the prosecution failed to provide evidence of compelling reasons to deny bail. The allegations of possible interference with witnesses were unsupported by evidence, and the pre-bail reports indicated no hostility in the community and positive recommendations from the local administration. The accused were of good character prior to the incident, and most family members of the deceased did not oppose bail. Therefore, the constitutional right to bail could not be overridden by unsupported claims, and the accused were entitled to be released on bond or bail pending trial.
Court Disposition
application for bail allowed
Orders
- Each accused may be released on cash bail of Kshs 50,000 each or bond of Kshs 200,000 and one surety of like sum each.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 86 OF 2015
REPUBLIC.............................................................. PROSECUTOR
VS
DORIS MWARI IKIAO.............................................1ST ACCUSED
JANET KANYUA IKIAO...........................................2ND ACCUSED
RULING
Doris Mwari Ikiao and Janet Kanyua Ikiao are jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
The two accused filed a Notice of Motion dated 28/4/2016 seeking to be released on bond pending the hearing of this case. The applicants contend that the offence is bailable, that the 2nd accused is aged 77 years and is the mother of accused1; that they are residents of Meru and have no intention of absconding; that the 2nd accused is sickly and needs urgent medical attention while accused 1 has left two minor children without anybody to care, that there are no compelling reasons to deny them bond.
The application was opposed and a replying affidavit was sworn by the investigating officer, CPL Daniel Njue. He deponed that the key witness is a daughter in law of accused 2 and that the accuseds are likely to interfere with her; that the accused attacked a key witness who was admitted in hospital for long and that they are likely to attack her again if released.
Apart from the court considering the affidavits on record the court called for pre bail reports which have also been considered.
On the allegations that the applicants will interfere with two witnesses, there is no evidence adduced by the prosecution to support that allegation. If the key witness is a daughter in law of the accused 2 , it would not be necessary for them to be released to influence the said witness.
I have read the pre-bail report and the reports reveal that there is no hostility in the community. The local administration has spoken positively about the accused persons being released on bond; the pre-bail report also disclosed that apart from deceased’ s wife the deceased’s children are not opposed to accused being released on bond.
The accused are said to have been of good character before this incident. Generally, I find that the prosecution has not disclosed any compelling reason to deny the accused persons bond, I therefore allow the application and grant bond in the following terms;-
Each accused may be released on cash bail of Kshs 50,000/= each or bond of kshs 200,000/= and one surety of like sum each.
DATED, SIGNED AND DELIVERED THIS 22nd DAY OF JUNE, 2016.
R.P.V. WENDOH
JUDGE
Before;
Mr Mulochi for state
Mr Kitheka holding brief for Igweta for accused
Accused present
C.A Penina