[2015] KEHC 3763 (KLR)
The court found that, although the accused has a constitutional right to bail, the circumstances of the case—specifically, the risk of interference with witnesses, the potential for flight, and credible threats to the accused's safety—outweigh the presumption in favour of bail. The pre-bail report indicated...
Source-derived case information.
- Citation
- [2015] KEHC 3763 (KLR)
- Parties
- Applicant: Republic; Respondent: Idris Jarso Dida
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Judgment Date
- 15 July 2015
- Case Number
- Criminal Case 89 of 2013
- Procedural Posture
- Criminal Trial / Ruling on Bail Application Pending Trial
- Outcome
- Bail application denied; accused to remain in remand pending trial.
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Trial, Presumption of Innocence, Flight Risk, Witness Interference
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Idris Jarso Dida
Respondent
Procedural Posture
Criminal Trial / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial.
- 2 Whether the accused is a flight risk if released on bond.
- 3 Whether the accused is likely to interfere with witnesses if released.
Ratio Decidendi
The court found that, although the accused has a constitutional right to bail, the circumstances of the case—specifically, the risk of interference with witnesses, the potential for flight, and credible threats to the accused's safety—outweigh the presumption in favour of bail. The pre-bail report indicated unresolved tensions in the community, with the deceased's family intent on avenging the death and the accused's own family fearing for his safety. The court concluded that releasing the accused on bond would not be suitable given the prevailing situation, and therefore denied the application for bail.
Court Disposition
Bail application denied; accused to remain in remand pending trial.
Orders
- The accused shall remain in remand until the case is heard and determined.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF MERU
HC CR NO. 89 OF 2013
REPUBLIC………………………………..……..........................…PROSECUTOR
VRS
IDRIS JARSO DIDA ……..…………………..............................………ACCUSED
RULING
By the application dated 3/3/2015, the accused prays that the court do release him on bond pending his trial. He swore an affidavit in which he depones that he is advised that he has an unqualified right to bail because he is still presumed innocent till proved otherwise; that he will be ready and willing to abide by all the terms that the court will impose and will attend court as will be required of him; that he is not a flight risk as he is Kenyan citizen.
The application was opposed and a replying affidavit was sworn by the Investigating Officer, IP Kasiwai. He deposed that the accused is likely to interfere with witnesses as they hail from the same locality; that he is a flight risk and lastly that his life may be in danger if released on bond.
To grant bond, the court considers whether the accused will attend court as will be required of him; whether he will interfere with witnesses; whether his security is guaranteed and his character and antecedents.
The court has considered the rival affidavits and the pre-bail report that the court requested for. The probation officer interviewed the community members and relatives of accused and established that the deceased’s family has not healed emotionally and is keen on avenging the deceased’s death. The accused’s family are also apprehensive that accused may be killed if released. Despite the fact that the offence was committed about 2 years ago, it seems the situation on the ground is not suitable for the release of accused on bond.
For the above reasons, the court declines to grant accused bond. He will remain in remand till the case is heard and determined.
DATED, SIGNED AND DELIVERED AT MERU THIS 15TH DAY OF JULY, 2015.
R.P.V. WENDOH
JUDGE
PRESENT
Mr. Mulochi for State
Mr. Kogora for Accused
Accused, Present
Faith/Ibrahim, Court Assistants