[2018] KEHC 8066 (KLR)
The court found that the accused should remain in custody pending trial due to ongoing community tension, the presence of other suspects at large, and the non-committal attitude of the community and local administration regarding his release. The court considered the interests of justice, the security of the...
Source-derived case information.
- Citation
- [2018] KEHC 8066 (KLR)
- Parties
- Applicant: Republic; Defendant: Jackson Kiinge
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 84 of 2017
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail denied; accused to remain in custody pending trial.
- Legal Topics
- Murder Charge, Bail Application, Pre Bail Report, Community Security, Pending Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jackson Kiinge
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be released on bond pending trial for murder.
- 2 Whether community security concerns and the presence of suspects at large justify denial of bail.
Ratio Decidendi
The court found that the accused should remain in custody pending trial due to ongoing community tension, the presence of other suspects at large, and the non-committal attitude of the community and local administration regarding his release. The court considered the interests of justice, the security of the community, and the need to avoid further unrest. The court further held that if the trial is not commenced and determined within one year from the date the accused was charged, the order denying bail would be reviewed either on the court's own motion or upon application by the accused. This approach balances the accused's right to bail with the need to maintain public order and ensure...
Court Disposition
Bail denied; accused to remain in custody pending trial.
Orders
- The accused shall remain in custody pending trial until circumstances at home change.
- If the trial is not commenced and determined within one year since the accused was charged, the court will review the order on its own motion or upon application by the accused.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 84 OF 2017
REPUBLIC ........................................................PROSECUTOR
VS
JACKSON KIINGE...................................................ACCUSED
RULING
Jackson Kiinge faces a charge of murder contrary to section 203 as read with section 204 of the penal code. Particulars are that Jackson Kiinge on the 4th day of October 2017 at Lailuba sublocation Buuri location in Tigania East Sub county within Meru County jointly with others not before court murdered Charles Kalunge Kadogo.
Accused person answered to the charge on 16th November 2017 whereupon the court called for a pre-bail report. The report was filed on 11th Hanuary 2018 by Mr Marete S.M – Probation officer Tigania Subcounty.
Upon making inquiries the Probation officer concluded that accused is not suitable to be released on bond as the community members remained non-commital on whether he should be released at the moment and the area chief stated tension was still high in the area as 3 other suspects are still at large and the court should wait for them to be arrested.
The change herein was only recently brought before court and considering the deceased family are still grieving his death I do find that it will be in order to have accused remain in custody as he awaits trial until circumstances at home change.
In the event this trial does not commence and is determined within one year since he was charge, then the court will on its own motion review the order or the accused may apply for review.
HON. A.ONG’INJO
JUDGE
RULING, DELIVERED, DATED AND SIGNED IN COURT IN
20TH FEBRUARY 2018.
In the presence of:
C/A: Present
Accused: present
Mention 29. 9.2018 to confirm statement received.
HON. A.ONG’INJO
JUDGE