[2019] KEHC 7498 (KLR)
The court found that the pre-bail reports for all accused persons were unfavorable, citing risks of harm to the accused if released, opposition from the victim's family and some relatives of the accused, and lack of adequate security or assurance for their release. The court held that these constituted compelling...
Source-derived case information.
- Citation
- [2019] KEHC 7498 (KLR)
- Parties
- Applicant: Republic; Defendant: Duncan Kiunga; Defendant: Nahashon Kiogora Mutunga; Defendant: Felix Karani; Defendant: John Gituma Kithure; Defendant: Kiambi Mwaja
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 63 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail/bond Application
- Outcome
- Bail denied for all accused persons; all to remain in custody pending trial.
- Legal Topics
- Murder Charge, Bail and Bond, Pre Bail Reports, Juvenile Status, Risk of Reprisals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Duncan Kiunga
Defendant
Nahashon Kiogora Mutunga
Defendant
Felix Karani
Defendant
John Gituma Kithure
Defendant
Kiambi Mwaja
Defendant
Procedural Posture
Criminal Case / Ruling on Bail/bond Application
Legal Issues
- 1 Whether the accused persons should be released on bond pending trial for the offence of murder.
- 2 Whether the pre-bail reports and security concerns justify denial of bail to the accused persons.
Ratio Decidendi
The court found that the pre-bail reports for all accused persons were unfavorable, citing risks of harm to the accused if released, opposition from the victim's family and some relatives of the accused, and lack of adequate security or assurance for their release. The court held that these constituted compelling reasons to deny bail at this stage. The right to bail is not absolute and may be restricted where there are credible threats to the safety of the accused or the public, or where release may interfere with the administration of justice. The court therefore ordered that all accused persons remain in custody during their trial, with the possibility of reviewing the decision after...
Court Disposition
Bail denied for all accused persons; all to remain in custody pending trial.
Orders
- All accused persons shall remain in custody during their trial for the offence of murder.
- Application for review of bond terms may be considered after testimony of crucial witnesses.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 63 OF 2018
REPUBLIC.........................................................PROSECUTOR
V E R S U S
DUNCAN KIUNGA.............................................1STACCUSED
NAHASHON KIOGORA MUTUNGA............2ND ACCUSED
FELIX KARANI.................................................3RD ACCUSED
JOHN GITUMA KITHURE..............................4TH ACCUSED
KIAMBI MWAJA...............................................5TH ACCUSED
RULING
The accused persons Duncan Kiunga, Nahashon Kiogora Mutunga, Felix Karani, John Gituma and Kiambi Mwaja were jointly charged with offence of murder contrary to section 203 as read with section 204 of the penal code.
Particulars are that the accused persons on the night of 23rd June 2018 at Mitunguu Airstrip in Gakoromone village, Kirundine Location, Imenti South Subcounty within Meru County jointly with others not before court murdered Roselyne Munala.
Upon pleading to charge against them, the court ordered for a pre-bail report upon accused persons applying to be released on bond. The reports were filed on 30th October 2018. Pre-bail Report in respect of A1 is not favorable. He said in court he is 16 years and therefore a minor but his report indicates he is 20 years old. He will remain in custody during his trial.
A2 Nahashon Kiogora Mutunga 41 years old man. Pre-bail Report was also not favorable. It is indicated that if released he risks being harmed in revenge by the relatives of the victim. In the circumstances he will remain in custody during his trial.
A3 Felix Karani 42 years old male adult also had social inquiry report filed but it is negative and not favorable for his release on bond as he risks being harmed. A3 will similarly remain in custody pending trial.
A4 John Gituma -29 years old adult of sound mind also had his social inquiry report filed for purposes of considering if he is suitable for release on bond. However, the deceased person’s husband a pastor in a local church fears for his life he is released since he has not known the motive behind his wife’s murder. Some relatives of A4 are also opposed to his release on bond terms. The wife and neighbor who were positive about his release on bond had no security for his released. A4 similarly will remain in custody pending testimony of crucial witnesses in court after which application for review maybe considered.
A5 Kiambi Mwaja aged 37 years old also had his social inquiry report filed and it is not favorable for his release on bond. A5 will also remain in custody during his trial for the offence of murder.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 9TH DAY OF MAY 2019.
In the presence of :
C/A: Mr Kinoti
State:-Ms Mbithe for state
A1:-Present in person
A2:-Present in person
A3:-Present in person
A4:-Present in person
A5:-Present in person
Mr Muthomi Advocate for 3rd, 4th and 5th Accused – No appearance
Mr Kaumbi Advocate for A1 & A2 – No appearance
HON A. ONG’INJO
JUDGE