[2021] KEHC 9354 (KLR)
The court found that the accused's lack of identification documents and the proximity of his residence to the Tanzanian border posed a significant risk of flight, making it difficult for authorities to trace him if released on bond. Additionally, the court considered the ongoing trauma experienced by the deceased's...
Source-derived case information.
- Citation
- [2021] KEHC 9354 (KLR)
- Parties
- Applicant: Republic; Defendant: Francis Stephen Musyoka
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case EO18 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail denied; accused to remain in custody during trial
- Legal Topics
- Murder Charge, Bail Application, Prebail Report, Flight Risk, Victim Impact
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Francis Stephen Musyoka
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be released on bond pending trial.
- 2 Whether lack of identification documents and proximity to the Tanzanian border increases flight risk.
- 3 Whether the interests of the deceased's family, particularly school-going children, affect the bail decision.
Ratio Decidendi
The court found that the accused's lack of identification documents and the proximity of his residence to the Tanzanian border posed a significant risk of flight, making it difficult for authorities to trace him if released on bond. Additionally, the court considered the ongoing trauma experienced by the deceased's school-going children, concluding that their welfare would be best served by keeping the accused in custody during trial. Consequently, the application for bond was denied, and the accused was ordered to remain in custody pending the determination of the case.
Court Disposition
bail denied; accused to remain in custody during trial
Orders
- The accused shall remain in custody during the trial.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. EO18 OF 2020
REPUBLIC.............................................................DPP
VERSUS
FRANCIS STEPHEN MUSYOKA..............ACCUSED
R U L I N G
1. The accused Francis Stephen Musyoka faces a charge of murder contrary to Section 203 as read with Section 204 of the penal code.
2. Particulars are that Francis Stephen Musyoka on the 13th day of November 2020 at Tsuini Village, Vanga Location in Lungalunga Subcounty within Kwale County Coast region murdered Masumbuko Patrick Musyoka.
3. When information was read over to him he pleaded not guilty and prebail report was called for Prebail Report dated 2/2/2021 was filed on 2/2/2021 and it from the said report it is apparent that accused person not having an identification document cannot be released on bond as it will be difficult to trace him and there is likelihood of him escaping to Tanzania which is very close to his place of abide.
4. It is also indicated that the school going children of the deceased are greatly affected by the death of their father and need time to heal in the circumstances accused will remain in custody during trial.
Dated, signed and delivered at Mombasa this 3rd day of February 2021.
HON. LADY JUSTICE A. ONG’INJO
JUDGE