[2021] KEHC 1195 (KLR)
The court declined to grant bond or bail to the subject, a minor charged with murder, on the basis that both her parents reside far from the trial venue in Kiambu County and are of humble background, making it difficult to guarantee her attendance at trial if released. The court found that the subject is well cared...
Source-derived case information.
- Citation
- [2021] KEHC 1195 (KLR)
- Parties
- Defendant: EKW alias E; Applicant: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail/bond Pending Trial
- Outcome
- Bond/bail denied; subject to remain at Kiambu Children’s Home pending trial.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Juvenile Justice, Murder Charge, Child Offenders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EKW alias E
Defendant
Republic
Applicant
Procedural Posture
Criminal Case / Ruling on Bail/bond Pending Trial
Legal Issues
- 1 Whether the subject, a minor charged with murder, should be released on bond or bail pending trial.
- 2 Whether the subject's circumstances and parental situation affect her ability to attend trial if released.
Ratio Decidendi
The court declined to grant bond or bail to the subject, a minor charged with murder, on the basis that both her parents reside far from the trial venue in Kiambu County and are of humble background, making it difficult to guarantee her attendance at trial if released. The court found that the subject is well cared for at Kiambu Children’s Home, which is within the jurisdiction of the trial court, and that her continued stay there would better ensure her attendance at trial. The court considered the best interests of the child and the practical challenges of supervision and attendance, concluding that these constituted compelling reasons to deny bail at this stage.
Court Disposition
Bond/bail denied; subject to remain at Kiambu Children’s Home pending trial.
Orders
- Bond/bail for the subject is declined.
- The subject shall remain at Kiambu Children’s Home.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 8 OF 2020
BETWEEN
REPUBLIC .......................... PROSECUTOR
VERSUS
EKW alias E ..................................SUBJECT
RULING
1. EKW alias E, the subject, is 16 years old. She is charged with the offence of murder of Joyce Nambuye deceased. The deceased was 2 ½ years old at the time of her death. The subject pleaded not guilty. Her trial is scheduled to commence on 17th January 2022.
2. The court requested the Director of Children’s services to make inquiry and report to the court on the whereabouts of the subject’s parents.
3. The report filed before court has revealed that the parents of the subject are separated. The father resided in Busia while her mother resided in Trans-Nzoia.
4. I am called upon to determine whether the subject, currently at Kiambu Children’s home, should be released on bond/bail pending her trial.
5. The alleged offence occurred in Kiambu County and the trial is pending before Kiambu High Court. My observation of the Director of Children’s services report is that the subject may encounter difficulties in attending this trial since both of her parents reside far from the Kiambu County and it would seem they are of humble background. The subject in my view being well taken care of at the Kiambu Children’s home will be more assure of attending her trial if she is within the Kiambu County.
6. Accordingly this court declines to grant bond/bail to the subject.
7. The trial is confirmed for hearing 17th and 18th January 2022. The subject shall be produced in court for the two days.
RULING DATED AND DELIVERED AT KIAMBU THIS 16TH DAY OF DECEMBER, 2021.
MARY KASANGO
JUDGE
C/AMourice
Subject: EKW alias E
For Subject: Mr. Gachuba
For DPP: Ms Kathambi/Mr. Kasyoka
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE