[2017] KEHC 2113 (KLR)
The court found that the accused had disappeared for a year after the alleged offence and was only arrested after that period, indicating a flight risk. Additionally, there were allegations that the accused had threatened witnesses, which raised concerns about possible interference with the administration of...
Source-derived case information.
- Citation
- [2017] KEHC 2113 (KLR)
- Parties
- Respondent: Republic; Defendant: Edward Guantai
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2017
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- bond application denied
- Judges
- A Mabeya
- Legal Topics
- Murder Charge, Pretrial Bond, Flight Risk, Witness Interference
- 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
Respondent
Edward Guantai
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused should be granted bond pending trial.
- 2 Whether there exist special or exceptional circumstances to deny bond.
Ratio Decidendi
The court found that the accused had disappeared for a year after the alleged offence and was only arrested after that period, indicating a flight risk. Additionally, there were allegations that the accused had threatened witnesses, which raised concerns about possible interference with the administration of justice. The absence of a pre-bail report notwithstanding, these two grounds were deemed sufficiently serious to constitute special or exceptional circumstances justifying the denial of bond. The court therefore exercised its discretion to deny the accused bond pending trial.
Court Disposition
bond application denied
Orders
- The application for bond is denied.
- Mention set for 24th January, 2017 to fix a hearing date.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 2 OF 2016
REPUBLIC ………………………………………PROSECUTOR
VERSUS
EDWARD GUANTAI ………….........…………………ACCUSED
R U L I N G
1. The accused was on 14th January, 2016 charged with the offence of murder contrary to section 203 of the Penal Code. When he applied for bond, the same was denied on 13th April, 2016 on the basis that the pre-bail report was negative.
2. On 20th September, 2017, Mrs. Ntarangwi`, Learned Counsel for the defence once again renewed the application for bond. Counsel submitted that since this case might take long to be heard, it is fair that the accused be admitted to bond. That the circumstances must have by now changed.
3. Pursuant thereto, the Court ordered for a pre-bail report to e prepared and filed. The same has not been filed and is on record.
4. The application was opposed through the Replying Affidavit of Corporal Job Ondiek sworn on 30th October, 2017. It was contended in that Affidavit that after the incident, the accused went into hiding until 28th December, 2016 after a year when he was arrested. That the prosecution was apprehensive that if released, the accused may interfere with the witnesses in this case; that a report of threat had been made on 4th March, 2016 by one of the witnesses.
5. I have considered the application and the opposition thereto. There is no pre-bail report filed with the Court as ordered.
6. Bond is a Constitutional right for every accused person. It can only be denied if there exist special or exceptional circumstances. These may include being a flight risk, interference with witnesses, or any such reasons.
7. In the present case, it is not denied that although the incident allegedly occurred on 2nd December, 2015, the accused disappeared until one year later when he was arrested. It has also been alleged that he has hitherto threatened witnesses. To my mind, those two grounds are serious enough t warrant denial of bond.
8. Accordingly, the application for bond is hereby denied.
Mention on 24th January, 2017 to give a date for hearing.
A. MABEYA
JUDGE
09/11/2017