[2022] KEHC 2743 (KLR)
The court found that no compelling reasons had been advanced to deny the accused bond. The only objection raised was the victim's family's concern about possible interference with witnesses, but this was not supported by any affidavit from the investigating officer or by the prosecution. The prosecution expressly...
Source-derived case information.
- Citation
- [2022] KEHC 2743 (KLR)
- Parties
- Applicant: Republic; Respondent: Eric Wamithi Waruguru
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E047 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond granted to the accused.
- Judges
- RB Ngetich
- Legal Topics
- Murder Charge, Bail and Bond, Compelling Reasons, Witness Interference
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Eric Wamithi Waruguru
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused should be granted bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bond, specifically the risk of interference with witnesses.
Ratio Decidendi
The court found that no compelling reasons had been advanced to deny the accused bond. The only objection raised was the victim's family's concern about possible interference with witnesses, but this was not supported by any affidavit from the investigating officer or by the prosecution. The prosecution expressly stated they were not opposed to bond. The accused had no previous criminal record, and his family was willing to secure his release and accommodate him. The court concluded that the constitutional right to bond could not be limited on the basis of unsupported fears, and therefore granted bond on reasonable terms.
Court Disposition
Bond granted to the accused.
Orders
- The accused may be released on bond of Kshs. 1,000,000 with one surety of similar amount.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E047 OF 2021
BETWEEN
REPUBLIC.................................................................................................PROSECUTOR
VERSUS
ERIC WAMITHI WARUGURU.....................................................................ACCUSED
RULING
1. The accused, ERIC WAMITHI WRUGURU was charged with the offence of murder contrary to Section 203 of as read with Section 204 of the penal code. Particulars are that on 30th day of August, 2021 at about 11. 00 hours at Kahawa Wendani within Ruiru Sub-county within Kiambu County the accused murdered Eunice Wanjiru Ndungu. The accused denied the charge. When the charge was read and particulars explained to him on 3/11/2021, he pleaded not guilty. The court ordered pre-bail report to be prepared and the report was filed in court on 8th December, 2021.
2. On 26/1/2022 the prosecutor informed court that they are not opposed to accused being released on bond.
3. I have perused the probation officer’s report. I note from the report that the victim’s family are opposed to accused being granted bond on ground that he may interfere with witnesses. They are of the view that he should be granted bond after the key witnesses have testified.
4. The family members are willing to deposit title deed in court to secure accused’s release and are willing to accommodate him at his home in Juja sub-county if released on bond. They prayed for reasonable bond terms.
5. I also note from the request that the accused has no previous criminal records.
6. There is no doubt that the victim’s family are pained by the loss of their kin and are not comfortable with accused being out on bond. They cited interference of witnesses as a reason for their objection. I have not however seen in the report any affidavit by the investigating officer in respect to likelihood of the accused interfering with witnesses. The prosecutor has not raised any objection to accused being released on bond.
7. From the foregoing, I find that no compelling reasons have been advanced to warrant accused being denied bond.
8. I therefore order that accused may be released on bond of Kshs.1m with one surety of similar amount.
RULING DATED AND DELIVERED AT KIAMBU THIS 27TH DAY OF JANUARY, 2022.
RACHEL NGETICH
JUDGE
Coram:
Court Assistant : Kinyua
For DPP :- Ms. Gacharia
For Accused :- Mr. Kimamo
Accused : Present
COURT
RULING delivered virtually.
RACHEL NGETICH
JUDGE