[2014] KEHC 464 (KLR)
The court found that the accused's wife and minor daughter are the key witnesses in the murder case and that, if released on bond, the accused would reside with them, creating a real likelihood of interference and intimidation. The court held that this risk constitutes a compelling reason to deny bond at this stage,...
Source-derived case information.
- Citation
- [2014] KEHC 464 (KLR)
- Parties
- Respondent: Republic; Accused: Harun Mureithi Guchu
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Bond denied at this stage; application to be reviewed after key witnesses testify.
- Judges
- J Wakiaga
- Legal Topics
- Murder Charge, Bail and Bond, Witness Interference, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Harun Mureithi Guchu
Accused
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to be released on bond pending trial under Article 49(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bond, specifically the risk of witness interference.
Ratio Decidendi
The court found that the accused's wife and minor daughter are the key witnesses in the murder case and that, if released on bond, the accused would reside with them, creating a real likelihood of interference and intimidation. The court held that this risk constitutes a compelling reason to deny bond at this stage, in line with established jurisprudence and the cited case law. The application for bond was therefore denied, with a provision for review after the two witnesses have testified.
Court Disposition
Bond denied at this stage; application to be reviewed after key witnesses testify.
Orders
- The accused is denied bond at this stage.
- The application for bond shall be reviewed once the two named witnesses have testified.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 9 OF 2013
REPUBLIC ….............................................................................PROSECUTOR
VERSUS
HARUN MUREITHI GUCHU......…....................................................ACCUSED
RULING
The accused person is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code the particulars of which are that on the 16th day of March 2012 at Muthaiga estate in Nanyuki town within Laikipia County murdered CHARLES KIRAGU MICHAEL.
The accused pleaded not guilt to the charges and the issue before the court was whether the accused was entitled to be released on bond within the meaning of Article 49(h) of the Constitution.
It is now settled jurisprudence that all accused persons are entitled to a constitutional right to be released on bond pending trial unless there are compelling reasons to deny the same the said constitutional rights.
In opposing the release of the accused on bond the prosecution filed an affidavit sworn by PC WILSON MIBEI RONO the investigating officer in which it was deponed that all the witnesses in the case are related to the accused being the wife and daughter respectively the accused had been charged with the murder of his daughter.
It was deponed that one of the witnesses NANCY WANJIRU is a minor aged 8 years old and therefore there is fear that there could be witness interference by the accused.
In support of the release of the accused Miss Mwai Advocate submitted that that the fear of witness interference were mere speculation and that there was no proof of the alleged interference and that the court can not ascertain what he is likely to do when released.
I have looked at the affidavit in opposition of the accused being released on bond and noted that the key witnesses are the accused wife and child and that if the accused is released on bond he will have to stay with them in the same house and find that the witness being related to the accused there is real likelihood of interference and intimidation as was held in the case of R V JOSEPH WAMBUA MUTUGA & 3 OTHERS (2010) eKLR.
I therefore find that there are compelling reasons to deny the accused bond at this stage. This application shall be reviewed once the two named witnesses testify. The accused shall therefore be denied bond.
Dated, signed and delivered a Nyeri this 16th day of May 2014.
J. WAKIAGA
JUDGE
16/5/14
Coram: Before Justice J. Wakiaga
Court clerk - Ndungu
Miss Mwai for the accused.
Mr. Njue for the DPP.
Court: The ruling is read in open court in the presence of the accused Miss Mwai and Mr. Njue. Mention on 22nd September 2014 to get hearing date.
J. WAKIAGA
JUDGE
16/5/2014