[2011] KEHC 3690 (KLR)
The court found that while the 6th accused had strong community support, the existence of a longstanding land dispute and the perception by the deceased's family that she masterminded the murder constituted compelling reasons to deny her bail, as her release could provoke revenge and endanger her safety. In...
Source-derived case information.
- Citation
- [2011] KEHC 3690 (KLR)
- Parties
- Applicant: Republic; Defendant: Eusobio Kobia Rugonji; Defendant: Edward Guantai Rugonji; Defendant: Ayub Muchui Rugonji; Defendant: Patrick Mutwiri Rugonji; Defendant: Stephen Mwingirwa Rugonji; Defendant: Pitolio Kathure alias Venacio Mungania alias Regina Kathure; Defendant: T.G.M alias T.M
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2010
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Bail granted to the 7th accused (minor); bail denied to the 6th accused; further hearing dates to be fixed.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Murder Charge, Juvenile Accused, Probation Reports, Community Attitude, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Eusobio Kobia Rugonji
Defendant
Edward Guantai Rugonji
Defendant
Ayub Muchui Rugonji
Defendant
Patrick Mutwiri Rugonji
Defendant
Stephen Mwingirwa Rugonji
Defendant
Pitolio Kathure alias Venacio Mungania alias Regina Kathure
Defendant
T.G.M alias T.M
Defendant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the 6th and 7th accused persons should be released on bail pending trial for murder.
- 2 Whether there are compelling reasons to deny bail to the 6th accused person.
- 3 Whether the continued detention of the 7th accused, a minor, is justified.
Ratio Decidendi
The court found that while the 6th accused had strong community support, the existence of a longstanding land dispute and the perception by the deceased's family that she masterminded the murder constituted compelling reasons to deny her bail, as her release could provoke revenge and endanger her safety. In contrast, the 7th accused, a minor, was viewed favorably by both the community and the deceased's family, with no evidence of bad character or risk. The court determined that continued detention would adversely affect his education and development, and thus ordered his release on his own bond, with arrangements for his care by his sister. The court balanced the constitutional right to...
Court Disposition
Bail granted to the 7th accused (minor); bail denied to the 6th accused; further hearing dates to be fixed.
Orders
- The 7th accused, T.G.M alias T.M, is released on his own bond of Kshs. 50,000/=
- The children's officer is to arrange for the 7th accused to be taken to his sister's home, with assistance from the probation officer.
Full Case Text
Judgment text and source record
32 paragraphs
CRIMINAL
·Application for bail pending appeal.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 24 OF 2010
REPUBLIC...........................................................................................................................STATE COUNSEL
VERSUS
EUSOBIO KOBIA RUGONJI ..................................................................................................1ST ACCUSED
EDWARD GUANTAI RUGONJI .............................................................................................2ND ACCUSED
AYUB MUCHUI RUGONJI ....................................................................................................3RD ACCUSED
PATRICK MUTWIRI RUGONJI ............................................................................................4TH ACCUSED
STEPHEN MWINGIRWA RUGONJI ....................................................................................5TH ACCUSED
PITOLIO KATHURE ALIAS VENACIOMUNGANIA ALIAS REGINA KATHURE........... 6TH ACCUSED
T.G.M ALIAST.M .................................................................................................................7TH ACCUSED
RULING
The 7 accused persons face the charge of murder contrary to section 203 as read with section 204 of the Penal Code. The 7th subject is a minor. The 6th accused person is his mother. Plea was taken before court on 10th June 2010. Because of the age of the subject by then 15 years, the court ordered that this case be fast tracked. However, because of the sheer volume of the backlog of cases in this station, this case has yet to be concluded. It is because of that that the court on its own motion requested the probation officer to prepare a pre-bail report on the 6th and the 7th subject persons. This was in accordance with Article 49 (1) (h) of the Constitution. This Article provides as follows:-
“49 (1) An arrested person has the right –
a)………………………………………………
b)…………………………………….
c)……………………………………..
d)…………………………………….
e)……………………………………….
f)………………………………………..
g)…………………………………………..
h)to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not be released.”
As it can be seen from that sub Article, persons who are arrested have a right to be released on bail at reasonable conditions. The probation report on the 6th accused person is favourable to the accused being released on bail pending trial. The probation officer carried out interviews in the locality where the 6th accused person comes from. To give just an idea of what the community thinks of the 6th accused person, I will quote part of that report as follows:-
“The area chief and the village elder said that she (6th accused) is a very good woman who is loved by the members of the community. The members of the community together with the Small Christian Community of Marega Catholic Church conducted a fund raiser to pay the university fee balance of her son George Karithi while the suspect was in remand.”
The probation officer concluded by stating that this act of fund raising was an indication that the accused person gets on very well with members of her community. It however came out clearly in that probation report that there had been a long standing land dispute between the 6th accused person’s family and the deceased family. This dispute culminated in the death of the deceased. The deceased family members and in particular the eldest son of the deceased considered the 6th accused person as the mastermind of the murder of his deceased father. It is for that reason that I decline to release the 6th accused person on bail pending trial. It does not escape my attention that it is possible for the deceased family to take their revenge against the 6th accused person for what they perceive to be her role in the killing of the deceased more so if she is released on bail. The 7th subject however is now a 16 year old boy. The probation report stated that the community and the members of the deceased family were of the view that the 7th subject is well disciplined and does not keep company with badly behaved children. He, at the time of his arrest, was attending K Primary School and was living with his sister who resides near that school. I am of the view that to continue to detain the subject in remand at the children’s home may adversely affect this young man’s educational future. It is for that reason that I order that he be released on his own bond of Kshs. 50,000/=. I request the children’s officer attached to this court to make arrangements for the subject, T.G.M alias T.M to be taken to his sister’s home. In that regard, the probation officer who interviewed the sister will give assistance to the children’s officer to enable the children’s officer locate the whereabouts of the said sister. The bail application of the 6th accused is rejected. At the reading of this ruling, the court will fix further hearing dates of this case.
Dated, signed and delivered at Meru this 17th day of March 2011.
MARY KASANGO
JUDGE