[2015] KEHC 3777 (KLR)
The court found that although the accused has a constitutional right to bail, this right is not absolute and may be limited by compelling reasons. The court considered the pre-bail report, affidavits, and submissions, noting that the accused has no fixed abode, her relatives have not been aware of her whereabouts...
Source-derived case information.
- Citation
- [2015] KEHC 3777 (KLR)
- Parties
- Respondent: Republic; Applicant: Gladys Kinya Mbono
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 69 of 2014
- Procedural Posture
- Criminal Application / Ruling on Bail Application Prior to Trial
- Outcome
- application for bond declined; accused to remain in remand pending trial
- Judges
- RPV Wendoh
- Legal Topics
- Bail Application, Flight Risk, Compelling Reasons, Presumption of Innocence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Gladys Kinya Mbono
Applicant
Procedural Posture
Criminal Application / Ruling on Bail Application Prior to Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial despite being charged with murder.
- 2 Whether there are compelling reasons to deny the accused bail, specifically the risk of flight.
Ratio Decidendi
The court found that although the accused has a constitutional right to bail, this right is not absolute and may be limited by compelling reasons. The court considered the pre-bail report, affidavits, and submissions, noting that the accused has no fixed abode, her relatives have not been aware of her whereabouts for a decade, and there is no assurance she will attend trial. The absence of a stable residence and lack of community ties led the court to conclude that the accused poses a significant flight risk. Consequently, the application for bond was declined to ensure her attendance at trial and the proper administration of justice.
Court Disposition
application for bond declined; accused to remain in remand pending trial
Orders
- The application for bond is declined.
- The accused shall remain in remand pending the hearing of the case.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF MERU
HC CR NO. 69 OF 2014
REPUBLIC……………………………………………PROSECUTOR
VRS
GLADYS KINYA MBONO …….……..……………………ACCUSED
RULING
The accused Gladys Kinya Mbono is charged with the offence of murder contrary to Section 203 as read with Section 204 of the PC. She has filed an application seeking to be released on bond and has sworn an affidavit in support of the application in which she deposed that she has been advised that she has an unqualified right to bail as she is presumed innocent till proved guilty; that she is ready and willing to comply with any terms that the court will impose and there are no known compelling reasons to deny her bond.
The application is opposed and the Investigating Officer filed a replying affidavit in which it was deposed that accused is a flight risk as she has no fixed abode and nobody knows where she comes from.
The accused has indeed a Constitutional right to bail but that right is not absolute. If there are compelling reasons, the court will deny her bond. Ordinarily, the court will consider whether the accused will turn up for her trial; whether she will interfere with witnesses; her past character and antecedents and whether she will be safe if released.
This court called for a pre-bail report which I have considered along with the affidavits filed in this case. The deceased in this case was the accused’s child. She has another child. Although the probation officer who prepared the report did not sense any hostility from the community and relatives, yet they cannot guarantee that she will be able to attend court as will be required of her because they have not been aware where she has been living for the past 10 years or who the father of the children are. Although she has relatives in Meru, she has not been living with them.
From the foregoing, I find that the accused is a flight risk and is unlikely to turn up for the hearing of her case if released on bond. The application for bond is declined. She will remain in remand pending the hearing of the case.
DATED, SIGNED AND DELIVERED AT MERU THIS 15TH DAY OF JULY, 2015.
R.P.V. WENDOH
JUDGE
PRESENT:
Mr. Mulochi for State
Mr. Kiogora for Accused
Faith/Ibrahim, Court Assistants
Accused, Present