[2016] KEHC 5520 (KLR)
The court found no compelling reason to deny accused 1 bail, as he had demonstrated compliance with previous police bond conditions and there was no evidence he posed a flight risk. For accused 2 and 3, although pre-bail reports were generally favourable, their prior conduct of absconding after release on police...
Source-derived case information.
- Citation
- [2016] KEHC 5520 (KLR)
- Parties
- Applicant: Republic; Defendant: Gerald Kirimi; Defendant: John Gitonga Muriira; Defendant: Penninah Gaichugi Gitonga
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail/bond Application Pending Trial
- Outcome
- Bail granted to all accused with varying terms based on assessed flight risk.
- Judges
- RPV Wendoh
- Legal Topics
- Bail Application, Pretrial Release, Flight Risk, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Gerald Kirimi
Defendant
John Gitonga Muriira
Defendant
Penninah Gaichugi Gitonga
Defendant
Procedural Posture
Criminal Case / Ruling on Bail/bond Application Pending Trial
Legal Issues
- 1 Whether the accused persons should be released on bail or bond pending trial.
- 2 Whether accused 2 and 3 pose a flight risk justifying denial or stricter terms of bail.
Ratio Decidendi
The court found no compelling reason to deny accused 1 bail, as he had demonstrated compliance with previous police bond conditions and there was no evidence he posed a flight risk. For accused 2 and 3, although pre-bail reports were generally favourable, their prior conduct of absconding after release on police bond indicated unreliability and a risk of failing to attend trial. Consequently, the court granted bail to all accused but imposed more stringent terms for accused 2 and 3 to mitigate the risk of flight, requiring each to provide two sureties of like sum in addition to the bond amount.
Court Disposition
Bail granted to all accused with varying terms based on assessed flight risk.
Orders
- Accused 1 may be released on bond of KShs.200,000 with one surety of like sum or cash bail of KShs.50,000.
- Accused 2 and 3 may each be released on bond of KShs.200,000 with two sureties of like sum.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 3 0f 2016
REPUBLIC …………………………………................… PROSECUTOR
VERSUS
GERALD KIRIMI ………………………………….……..… 1ST ACCUSED
JOHN GITONGA MURIIRA ............................................. 2ND ACCUSED
PENNINAH GAICHUGI GITONGA ................................... 3RD ACCUSED
RULING
By the application dated 11/2/2016, the accused persons herein seek to be released on bail/bond pending the trial. The grounds upon which the application is premised are that the accused are being held in remand; that they are presumed innocent unless proven otherwise; that they are ready to abide by all the bond terms that the court may grant.
Accused 1 deponed that he has been advised that it will take long before this case is heard; that before he was arrested on 4/1/2016, he had been on police bond and he reported to police station as was required of him and is willing to abide by any terms that the court may impose. The other two accused did not swear any affidavits.
The application for bond was opposed only as regards accused 2 and 3. The Investigating Officer deponed that after arrest all the accused were released on police bond but only accused 1 attended police station while the two, accused 2 and 3 went into hiding till they were arrested two weeks later. The Investigating Office does not oppose bond as respects accused 1 but does oppose bond in respect of accused 2 and 3 for being flight risk.
The court called for pre-bail reports which have been filed and considered. The primary consideration in an application for bond is that the accused will turn up for their trial.
As respects the pre-bail reports, they seem to be favourable to all the accused though the local administration could not vouch for accused 2 and 3 not being flight risks or interfering with witnesses. There is no animosity from the community save for some of the deceased’s family members.
I find no compelling reason to deny accused 1 bond and he may be released on bond of KShs.200,000/= plus one surety of like sum or cash bail of KShs.50,000/=.
As regards accused 2 and 3, though the pre-bail reports are favourable, they have demonstrated that they are not reliable by their previous conduct may not turn up for the hearing and I will give more stringent bond terms. Each may be released on bond of KShs.200,000/= with 2 sureties of like sum.
DATED, SIGNED AND DELIVERED THIS 25TH DAY OF APRIL, 2016.
R.P.V. WENDOH
JUDGE
25/4/2016
PRESENT
Mr. Mulochi for State
Mr. Gitonga Holdin Brief for Mr. Omari for Accused
Ibrahim/Peninah, Court Assistants
All Present, Accused