[2015] KEHC 4901 (KLR)
The court found that the prosecution failed to provide any compelling reasons to deny the accused persons bond. The pre-bail report indicated that both accused reside in Buuri Location, Meru County, with no threats to their lives or risk of absconding. The court considered the constitutional right to bond under...
Source-derived case information.
- Citation
- [2015] KEHC 4901 (KLR)
- Parties
- Applicant: Republic; Defendant: Isaac Mwiti Kirema; Defendant: Japhet Murithi M’Igweta
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 88 of 2014
- Procedural Posture
- Bail Application / Ruling on Bail Application
- Outcome
- Application for bond allowed.
- Legal Topics
- Bail and Bond, Pretrial Release, Compelling Reasons, Constitutional Rights, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Isaac Mwiti Kirema
Defendant
Japhet Murithi M’Igweta
Defendant
Procedural Posture
Bail Application / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be released on bond pending trial.
- 2 Whether there are compelling reasons to deny the accused persons bond under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the prosecution failed to provide any compelling reasons to deny the accused persons bond. The pre-bail report indicated that both accused reside in Buuri Location, Meru County, with no threats to their lives or risk of absconding. The court considered the constitutional right to bond under Article 49(1)(h) and the absence of any evidence suggesting the accused would interfere with witnesses or pose a security risk. Consequently, the court exercised its discretion to grant bond on reasonable terms, subject to conditions ensuring good conduct and non-interference with witnesses.
Court Disposition
Application for bond allowed.
Orders
- Each accused may be released on his own bail of KShs.300,000 with one surety of the same amount.
- Accused to be of good conduct during the proceedings of this case.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HCCR 88 OF 2014
REPUBLIC…….………………………………………………….PROSECUTOR
VERSUS
ISAAC MWITI KIREMA
JAPHET MURITHI M’IGWTA………….........………………………….ACCUSED
RULING
This is an application dated 10th December, 2014. Both accused Isaac Mwiti and Japhet Murithi M’Igweta seek to be released on bond on reasonable terms to enable them conduct the case that they filed while outside custody. The application is premised on the affidavit of the 1st accused Isaac Mwiti Kirema who swears it on his own behalf and that of his co-accused Japhet Murithi I’Igweta. They beseech this court to exercise its discretion under Article 49 (1) (h) of the Constitution and release them on bond; that they are willing to abide by any bond terms that the court may impose and that this case is likely to take considerable time before it is determined.
The respondent did not file any affidavit in reply. In such an application, the court will consider the followed principles
Whether the accused persons will turn up for the trial,
Whether they are likely to interfere with witness;
The nature and seriousness of the offence;
The antecedents of the accused;
The severity of the offence;
The security of the accused.
Under Article 49 (1) (h) of the Constitution, the right to bond is not absolute; accused is subject to any known compelling reason which can be any of the above or any other considering the special circumstances of each case.
In this case, the prosecution has not alluded to any compelling reasons that would warrant this court to deny accused persons bond. The court called for a Pre-Bail Report. Both accused are said to be from Buuri Location of Meru County where they reside. There is no threat to their lives or likelihood of them absconding. In light of the above, I allow the application to release accused persons on bond on the following terms:
1. Each accused may be released on his own bail of KShs.300, 000/= with one surety of same amount;
2. Accused to be of good conduct during the preceding of this case;
3. They should not interfere with witnesses.
In default of any of the above conditions, bond will be cancelled.
It is so ordered.
DATED, SIGNED AND DELIVERED AT MERU THIS 27TH DAY OF APRIL, 2015.
R. P. V. WENDOH
JUDGE.
In the presence of;
Mr. Musyoka for State
Mr. Umani for accused
Faith, Court Assistant
Accused.