[2021] KEHC 5051 (KLR)
The court found that the pre-bail report raised compelling reasons to deny bail at this stage, specifically the likelihood of revenge by the victim's next of kin and the accused's own apprehension for his safety, as both parties are from the same village. The court held that these factors constitute sufficient...
Source-derived case information.
- Citation
- [2021] KEHC 5051 (KLR)
- Parties
- Respondent: Republic; Appellant: Jaji Benzingo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E002 of 2021
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Trial
- Outcome
- Bail denied; accused to remain in custody pending trial.
- Legal Topics
- Bail Pending Trial, Murder Charge, Pre Bail Report, Remand Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Jaji Benzingo
Appellant
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused should be released on bail pending trial for the offence of murder.
- 2 Whether the safety of the accused and the risk of revenge by the victim's next of kin justify denial of bail.
Ratio Decidendi
The court found that the pre-bail report raised compelling reasons to deny bail at this stage, specifically the likelihood of revenge by the victim's next of kin and the accused's own apprehension for his safety, as both parties are from the same village. The court held that these factors constitute sufficient grounds to keep the accused in custody pending trial, unless circumstances change. The court further urged both prosecution and defence to consider a plea agreement or ensure an expeditious hearing to resolve the matter promptly.
Court Disposition
Bail denied; accused to remain in custody pending trial.
Orders
- The accused shall remain in custody pending hearing and determination of his trial unless circumstances change.
- Prosecution and defence counsel are urged to explore possibilities of plea agreement and/or expeditious hearing and disposal of the matter.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. E002 OF 2021
REPUBLIC......................................................................................PROSECUTOR
VERSUS
JAJI BENZINGO...................................................................................ACCUSED
RULING
1. Jaji Benzingo the accused herein faces a charge of murder contrary to section 203 as read with section 204 of the Penal Code.
2. Particulars are that Jaji Benzingo on 11th day of February 2021 at Mwele village, Mwaluphamba Location within Matuga Sub County within Kwale County murdered Ramadhan Hashim.
3. The accused pleaded not guilty to the offence and a pre-bail report was called for by the court.
4. The report by the Probation Officer is that bailing accused out of remand is not recommended on the grounds of likelihood of revenge by the victim’s next of kin as they hail from the same village. From the report the accused is also apprehensive that his life may be in danger if he was to be released. In the circumstances accused to remain in custody pending hearing and determinations of his trial unless circumstances change.
5. The prosecution and defence counsel are urged to explore possibilities of plea agreement and/or expeditious hearing and disposal of the matter.
JUDGEMENT DELIVERED, DATED AND SIGNED IN OPEN COURT THIS 25TH DAY OF JUNE, 2021.
HON. LADY JUSTICE ADWERA ONG’INJO
JUDGE
25. 6.2021
In the presence of:-
Ogwel – court assistant
Ms. Karanja for Respondent
Mr. Motuka Adv. for accused – N/A
HON. LADY JUSTICE ADWERA ONG’INJO
JUDGE
25. 6.2021