[2016] KEHC 3244 (KLR)
The court found that the accused is facing other ongoing criminal cases, did not deny their existence, and is therefore considered a flight risk. The pre-bail report and affidavits indicate that the accused's character is negatively perceived by the community and administration, and there is a real risk of...
Source-derived case information.
- Citation
- [2016] KEHC 3244 (KLR)
- Parties
- Respondent: Republic; Applicant: Ismael Musa Murerwa alias Kamlesh
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- application for bail declined; accused to remain in remand pending trial
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Flight Risk, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Ismael Musa Murerwa alias Kamlesh
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused should be granted bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bail, including risk of interference with witnesses and flight risk.
Ratio Decidendi
The court found that the accused is facing other ongoing criminal cases, did not deny their existence, and is therefore considered a flight risk. The pre-bail report and affidavits indicate that the accused's character is negatively perceived by the community and administration, and there is a real risk of interference with key witnesses, particularly his 11-year-old daughter. These factors constitute compelling reasons to deny bail. The application for bond is therefore declined, and the accused is to remain in remand pending trial.
Court Disposition
application for bail declined; accused to remain in remand pending trial
Orders
- The application for bond is declined.
- The accused shall remain in remand pending his trial.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 20 OF 2016
REPUBLIC..........................................................PROSECUTOR
VERSUS
ISMAEL MUSA MURERWA.....................................ACCUSED
RULING
Ismael Musa Murerwa alias Kamleshis charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
He has filed the Notice of Motion dated 20/5/2012 seeking to be released on bond pending the trial. In his supporting affidavit, he depones that he is presumed innocent till proven guilty; that he will attend court as will be expected of him; that he is not a flight risk and that there are no compelling reasons to deny him bond.
Two affidavits were filed by the Investigations Officer Cpl. Benjamin Kiswili and another by Edward Maneno Murage in opposing the application. The Investigations Officer deponed that the applicant is likely to interfere with witnesses the key one being his 11 year old daughter; that accused is facing other criminal cases in CRC 319/2013 – offence of house breaking and stealing contrary to Section 306 of the Penal Code which was for hearing on 14/7/2016 and CRC 1655/2013, offence of shop breaking and stealing contrary to Section 306 of the PC.
Edward Maneno Murage deponed he is the father of the deceased; that he fears that if accused is released on bond, his granddaughter and son who are key witnesses will be in danger.
Mr. Mulochi urged that the multiplicity of suits against the accused make him flight risk.
The primary consideration in an application for bond is whether the accused will turn up for his trial. Other considerations are his character and antecedents, whether he will interfere with witnesses and whether his security is guaranteed if released.
The Investigations Officer has deponed that accused faces other criminal charges in CRC 319/2013 and CRC 1655/2013 which are still ongoing and hence a flight risk. He must have been out on bond with said cases. The applicant did not deny that the cases are ongoing. As earlier noted, the court must consider accused’s character. Even if the cases are yet to be concluded, the court cannot lose sight of their existence and the fact that there would be a tendency to flee in view of this very serious charge he now faces. Besides, this court called for a pre-bail report which I have considered. His character is depicted in a very negative way by both the community and the administration who are opposed to applicant’s release on bond.
I have also considered the affidavit by the father of deceased whose concern was also captured in the pre-bail report that accused is likely to interfere with the key witness who is his daughter aged 11 years.
Having considered the affidavits and pre-bail report, I am persuaded that accused is likely to interfere with the key witness, his character is questioned and the pending cases make him a flight risk. These are compelling reasons sufficient to deny accused bond. I decline to grant the application. Accused will remain in remand pending his trial.
DATED, SIGNED AND DELIVERED THIS 7TH DAY OF SEPTEMBER, 2016.
R.P.V. WENDOH
JUDGE
7/9/2016
PRESENT
Mr. Mulochi for State
Mr. Muthomi for Accused
Ibrahim/Peninah, Court Assistant
Present, Accused