[2017] KEHC 763 (KLR)
The court found that both accused persons had disappeared from their locality after the offence, demonstrating a risk of flight. Additionally, the community was strongly opposed to their release, and there was credible apprehension that witnesses could be interfered with if the accused were released on bail. These...
Source-derived case information.
- Citation
- [2017] KEHC 763 (KLR)
- Parties
- Applicant: Republic; Defendant: Francis Kinyua Abdi alias Rasta; Defendant: Julius Mwenda Henry
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 53 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- application for bail declined
- Judges
- A Mabeya
- Legal Topics
- Bail Application, 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
Applicant
Francis Kinyua Abdi alias Rasta
Defendant
Julius Mwenda Henry
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial.
- 2 Whether there are compelling reasons to deny bail to the accused persons.
Ratio Decidendi
The court found that both accused persons had disappeared from their locality after the offence, demonstrating a risk of flight. Additionally, the community was strongly opposed to their release, and there was credible apprehension that witnesses could be interfered with if the accused were released on bail. These factors constituted compelling reasons under the law to deny bail. Consequently, the application for bond was declined, and the accused were ordered to remain in custody pending trial.
Court Disposition
application for bail declined
Orders
- The application for bond by both accused is declined.
- The accused shall remain in custody pending trial.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 53 OF 2013
REPUBLIC......................................................PROSECUTOR
VERSUS
FRANCIS KINYUA ABDI alias RASTA.......1ST ACCUSED
JULIUS MWENDA HENRY..........................2ND ACCUSED
RULING
I have considered the application for bond/bail. I have also carefully considered the pre-bail report dated 24/04/2017.
I note that both the Accused disappeared from their locality after the offence was committed. That they are a flight risk. I have further considered that the Community is extremely negative about their release. There is further apprehension by the witnesses in this case that they may be interfered with if released.
To my mind, these are compelling reasons not to admit both Accused to bail.
Accordingly, their application for bond is hereby declined. They will conduct their trial while in custody.
Hearing on 20/06/2017.
DATED, SIGNED AND DELIVERED THIS 2ND DAY OF MAY, 2017.
A. MABEYA
JUDGE
02/05/2017