[2011] KEHC 2698 (KLR)
The court found that, although the Constitution guarantees the right to bail, the pre-bail report indicated a real and present risk of the accused suffering a revenge attack from members of the public if released at this stage. This constituted a compelling reason to deny bail. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2011] KEHC 2698 (KLR)
- Parties
- Applicant: Republic; Defendant: James Muriuki Weru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2008
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Bail application denied; trial to proceed.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Murder Charge, Pre Bail Report, Public Safety, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
James Muriuki Weru
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 (h) of the Constitution of Kenya 2010.
- 2 Whether the release of the accused poses a risk to his safety due to possible revenge attacks from the public.
Ratio Decidendi
The court found that, although the Constitution guarantees the right to bail, the pre-bail report indicated a real and present risk of the accused suffering a revenge attack from members of the public if released at this stage. This constituted a compelling reason to deny bail. The court exercised its discretion to protect the safety of the accused and maintain public order, determining that the application for bail pending trial could not be allowed. The trial was ordered to proceed to hearing.
Court Disposition
Bail application denied; trial to proceed.
Orders
- The accused's application for bail pending trial is rejected.
- The trial shall proceed for hearing.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CR. CASE NO. 5 OF 2008
REPUBLIC....................................................................................................STATE COUNSEL
VERSUS
JAMES MURIUKI WERU ........................................................................................ACCUSED
RULING
The accused James Muriuki Weru is charged with the offence of murder contrary to section 203. When the prosecution’s case was in progress, the counsel for the accused sought that the accused person be released on bail pending trial. The application was made on 19th January 2011. The counsel for the accused applied that the accused person be released as provided under Article 49 (h) of the Constitution of Kenya 2010. The court requested the probation officer to assist in preparation of a pre bail report. I have had an opportunity to look at that report and I have formed an opinion that the accused person application for bail pending appeal cannot be allowed. There is a likelihood of the accused suffering a revenge attack from members of the public if he is released at this stage. It is for that reason that his application of bail is rejected. I order that the accused trial proceeds for hearing.
Dates, signed and delivered at Meru this 19th day of May 2011.
MARY KASANGO
JUDGE