[2011] KEHC 1047 (KLR)
The court found that there was no opposition from the deceased's family or the community to the accused's release on bail. The probation report indicated that the accused enjoys community confidence and that the home environment is conducive to bail. There was no evidence presented to suggest that the accused would...
Source-derived case information.
- Citation
- [2011] KEHC 1047 (KLR)
- Parties
- Respondent: Republic; Applicant: Isaack Kobia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 43 of 2011
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Accused admitted to bail with conditions.
- Judges
- A. Ong’injo
- Legal Topics
- Bail Application, Murder Charge, Pre Bail Report, Community Attitude, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Isaack Kobia
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused should be admitted to bail pending trial for the offence of murder.
- 2 Whether the community and deceased's family have any objection to the accused's release on bail.
- 3 Whether the accused's release poses a risk of interference with witnesses.
Ratio Decidendi
The court found that there was no opposition from the deceased's family or the community to the accused's release on bail. The probation report indicated that the accused enjoys community confidence and that the home environment is conducive to bail. There was no evidence presented to suggest that the accused would interfere with witnesses or abscond. The court therefore exercised its discretion to admit the accused to bail, subject to conditions intended to safeguard the integrity of the trial, including a caution against interfering with witnesses and a warning that any valid complaint would result in cancellation of bail.
Court Disposition
Accused admitted to bail with conditions.
Orders
- Accused admitted to cash bail of Kshs. 100,000.
- Alternatively, accused may be released on bond of Kshs. 500,000 with two sureties for a similar amount.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 43 OF 2011
REPUBLIC...............................................................................PROSECUTOR
VERSUS
ISAACK KOBIA..............................................................................ACCUSED
RULING
The accused person, Isaack Kobia, has been charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are as follows:-
“Isaack Kobia: On 26th July 2011 at Kawiru Location, in Igembe South District, within the Meru County murdered Charles Kiamburi.”
The accused was arraigned in court on 10th August 2011. Subsequently, after the plea was taken, the learned counsel Mr. Mbogo applied for the accused to be admitted to bail. In response, Hon. Justice Kasango directed that the probation officer prepare a pre-bail report to assist in determining the suitability of the accused to be admitted to bail. In compliance to that order, the probation officer based in Imenti North compiled a report on 31st August 2011. The said report covered various issues. It covered the home report, personal antecedents, community/family position regarding bail, the deceased family opinion and the area administration perception. Significantly, the deceased family has no issues with the accused being admitted to bail so long as he does not interfere with the on going case. The deceased family also confirmed that they have been good neighbours all along until the alleged offence took place. Apart from the above, the father to the deceased has also gone on record as saying that he has no issue with the family of the accused so long as the truth will come out in the end. He also stated that the accused should avoid provoking his family members due to the fact that he is being treated as a suspect in this case. According to the probation officer, the accused person seems to enjoy some confidence within the community that he hails from. He was of the opinion that the home environment is conducive to the admission of the accused on bail. On his part, the learned State Counsel Mr. Motende has urged this court to critically analyze the probation report before making a decision.
After carefully considering the probation report, it is apparent that the family of the deceased is not opposed to the release of the accused on bond. Apart from the above, there also does not seem to be any opposition from the community that the accused hails from, for him to be released on bond. Given the total circumstances that have been explained in the probation report, I hereby admit the accused to cash bail of Kshs. 100,000/=. Alternatively, the accused may be released on bond of Kshs. 500,000/= together with two sureties for a similar amount.
Lastly, the accused is hereby cautioned to be of good conduct and should not interfere with potential witnesses. In the event that I receive any valid complaint against the accused, then the bond will be cancelled.
Those are the orders of this court.
MUGA APONDI
JUDGE
Ruling read, signed and delivered in open court in the presence of:
Mr. Ogoti – Present for the Accused Counsel
Mr. Motende – Present for the State Counsel
MUGA APONDI
JUDGE
15TH NOVEMBER 2011
COURT
Hearing on 25th and 26th June 2012. Accused remanded in custody.
MUGA APONDI
JUDGE
15TH NOVEMBER 2011