[2021] KEHC 5411 (KLR)
The court declined to grant bail to the accused at this stage due to the absence of essential information regarding the accused's risk to the public, risk to himself, fixed abode, and potential to interfere with witnesses. The court found that these gaps constituted compelling reasons within the meaning of Article...
Source-derived case information.
- Citation
- [2021] KEHC 5411 (KLR)
- Parties
- Defendant: Evans Karani Wanyamu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E022 of 2021
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Bail application declined.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Karani Wanyamu
Defendant
Republic
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused should be granted bail pending trial for the charge of murder.
- 2 Whether there are compelling reasons to deny bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court declined to grant bail to the accused at this stage due to the absence of essential information regarding the accused's risk to the public, risk to himself, fixed abode, and potential to interfere with witnesses. The court found that these gaps constituted compelling reasons within the meaning of Article 49(1)(h) of the Constitution to deny bail. The decision does not derogate from the accused's presumption of innocence but is an exercise of judicial discretion based on the available facts and the seriousness of the charge.
Court Disposition
Bail application declined.
Orders
- The accused's application for bail is declined.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E022 OF 2021
REPUBLIC............................................................................RESPONDENT
VERSUS
EVANS KARANI WANYAMU...................................................ACCUSED
RULING
1. EVANS KARANI WANYAMU faces the charge of murder to which he pleaded not guilty. He has applied for bail pending his trial.
2. Although the court requested for a pre-bail probation report to be filed, by the time the bail application was argued by accused’s counsel that report was not on record.
3. Whereas the prosecution did not object to the release of the accused on bail, the accused’s counsel did not inform the court whether the accused would be a danger to the public or to himself if released on bail, there was no information whether the accused has a fixed abode or whether he could jeopardise this trial by interfering with the prosecution’s witness. Most importantly, this Court needs to know, before granting the accused bail, whether the public is likely to harm him if he is out on bond. One who knows the Kenyan Society, knows very well, that such threats are even present towards those who are suspected to have committed a crime and perhaps much more as in this case, where the accused is charged with a serious offence of murder.
4. In the absence of the above information, which the accused’s counsel did not avail I find and hold it is a compelling reason within the meaning of Article 49(1)(h) of the Constitution to decline to grant the accused bail. In declining to grant the accused bail at this time, it is no derogation of his right to presumption of innocence. It is merely the exercise of the Court’s mandate and discretion in considering bail application. I place reliance on the definition of compelling reasons in the case REPUBLIC V. MBITI MUNGUTI (2020) eKLR thus:-
DISPOSITION
5. In the end, I am satisfied that at this stage the accused should be denied bail. Accordingly, bail application is declined.
RULING DATED and DELIVERED at KIAMBU this 6th day of JULY, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Ndege
For the Accused : Mr. Njehu
For DPP : Ms. Kathambi
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE