[2013] KEHC 3890 (KLR)
The court found that, aside from the allegation of blood-stained clothes, there was no substantial evidence linking the 3rd accused to the alleged criminal activities or to his co-accused. The applicant's employment status and medical condition were considered relevant factors. The court determined that a pre-bond...
Source-derived case information.
- Citation
- [2013] KEHC 3890 (KLR)
- Parties
- Respondent: Republic; Defendant: Jabir Ali Dzuya; Defendant: Bwanamkuu Alwan Jabu; Defendant: Antony Mwatela Mughendi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond application deferred pending pre-bond report.
- Judges
- GO Shikwe
- Legal Topics
- Bail and Bond, Pretrial Release, Flight Risk, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Jabir Ali Dzuya
Defendant
Bwanamkuu Alwan Jabu
Defendant
Antony Mwatela Mughendi
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the 3rd accused, Antony Mwatela Mughendi, should be admitted to bond pending trial.
- 2 Whether the 3rd accused poses a flight risk or any other risk justifying denial of bond.
- 3 Whether the accused's medical condition warrants consideration for bond.
Ratio Decidendi
The court found that, aside from the allegation of blood-stained clothes, there was no substantial evidence linking the 3rd accused to the alleged criminal activities or to his co-accused. The applicant's employment status and medical condition were considered relevant factors. The court determined that a pre-bond report was necessary to further assess the suitability of granting bond to the 3rd accused. The court thus ordered the preparation of a pre-bond report and deferred the decision on bond pending receipt of the report.
Court Disposition
Bond application deferred pending pre-bond report.
Orders
- A pre-bond report on the 3rd accused to be prepared and availed in court by the Probation Officer on 2nd May 2013.
- Mention scheduled for 2nd May 2013 in respect of the 3rd accused only.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Criminal Case 12 of 2013 [if gte mso 9]><xml>
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REPUBLIC ……………………………………………… RESPONDENT
V E R S U S
1. JABIR ALI DZUYA
2. BWANAMKUU ALWAN JABU
3. ANTONY MWATELA MUGHENDI …………………ACCUSED
RULING
The application for bond is in respect of the 3rd Accused Anthony Mwatela. It is brought under Article 22, 29, 49 (1) (h) and 165 of the Constitution of Kenya Section 123 of the Criminal Procedure Code Cap 75 Laws of Kenya.
It seeks to admit the 3rd accused to bond on such terms as the Court deems appropriate. The grounds are that the Applicant is in gainful employment at the Kenya Ports Authority and designated as a Docker in the capacity of Permanent and Pensionable Status and hence it is argued he is not in any way a flight risk.
Secondly that on 8th day of March 2013 he underwent a critical operation at Pandya Memorial Hospital and is in need of post-operation and convalescing case.
This application for bond is opposed on the grounds found in the affidavit of Sergeant Arthur Kennedy Onyango of CID Headquarters Special Investigation team who has been investigating matters regarding the Mombasa Republican Council.
He depones that he took over investigations in this case and was handed over three suspects Jabir Ali Dzuya 1st Accused, 2nd Accused Bwana Mkuu Alwan Jabu and 3rd Accused Anthony Mghendi Mwatela who was found with blood stained clothes.
Having gone through the affidavit of Sergeant Onyango, apart from the blood stained clothes, there is no other linkage between the 3rd Accused and his colleagues who are said to be members of Mombasa Republic Council.
I will accordingly call for a pre-bond report on the 3rd Accused only. Same to be availed in Court by Probation Officer on 2nd May 2013.
Mention on 2nd May 2013 in respect of 3rd Accused only. The case has a hearing date of 29th May 2013.
Ruling read and delivered in open Court this 19th day of April, 2013.
M. MUYA
JUDGE
In the presence of:-
Egunza for the Applicant
Tarus for 1st accused
Onjoro for 3rd accused
Gioche for the State
Court clerk – Mr. Musundi
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