[2016] KEHC 1084 (KLR)
The court found that the accused, having not been arrested until two years after the alleged offence and having gone underground during that period, presents a real risk of flight. The prosecution's evidence that the accused was at large and only seen in another place after two years supports the conclusion that he...
Source-derived case information.
- Citation
- [2016] KEHC 1084 (KLR)
- Parties
- Applicant: Republic; Defendant: James Kimani Wairimu
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- application for bail dismissed; accused to remain in remand custody until trial completion
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Flight Risk, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
James Kimani Wairimu
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exists a compelling reason to deny the accused bail, specifically the risk of flight.
Ratio Decidendi
The court found that the accused, having not been arrested until two years after the alleged offence and having gone underground during that period, presents a real risk of flight. The prosecution's evidence that the accused was at large and only seen in another place after two years supports the conclusion that he may not attend his trial if released. This constitutes a compelling reason to deny bail under Article 49(1)(h) of the Constitution. The application for bail was therefore dismissed, and the accused was ordered to remain in remand custody until the completion of his trial.
Court Disposition
application for bail dismissed; accused to remain in remand custody until trial completion
Orders
- The accused's application for bail is dismissed.
- The accused shall remain in remand custody until completion of his trial.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 19 OF 2015
REPUBLIC.………………..………….…………………....PROSECUTOR
VERSUS
JAMES KIMANI WAIRIMU……….….…….……………….……ACCUSED
R U L I N G
1. The Accused herein, James Kimani Wairimu, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 29/04/2015 that on 03/04/2013 at about 23. 30 hours at Kabati Market within Murang’a County he murdered one Beatrice Mukami Gitahi. His plea was taken on 20/01/2015. He pleaded not guilty. His trial is scheduled to commence on 11/10/2016.
2. In the meantime the Accused has applied by notice of motion dated 24/11/2015to be admitted to bail pending his trial. The Republic has opposed the application upon the ground that the Accused is a real flight risk and may not turn up for his trial should he be released.
3. I have considered the submissions of the learned counsels appearing. Bail pending trial is now a constitutional right for all criminal offences that will be denied only for compelling reason. Any condition that the court might impose for such bail, again by constitutional edict, must be reasonable. See Article 49(1) (h) of the Constitution of Kenya, 2010.
4. I have perused the witness statements and other documents supplied by the prosecution to the Accused and to the court. It appears that the Deceased was the Accused’s common law wife living with him at the time of her death. He was not arrested until two (2) years after the alleged offence. The police say that he went underground after committing the offence and was seen not far from home in another place after 2 years of being at large.
5. I am satisfied from the material now before the court that the Accused is indeed a flight risk, and the possibility is real that if released on bail he may not turn up for his trial. This is a compelling reason to deny him bail.
6. I will refuse the Accused’s application. It is dismissed. He shall remain in remand custody until completion of his trial. It is so ordered.
DATED, SIGNED AT MURANG’A THIS 16TH DAY OF JUNE 2016
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 17TH DAY OF JUNE 2016