[2016] KEHC 1203 (KLR)
The court found that there were no compelling reasons to deny the accused persons bail. The affidavits and pre-bail reports indicated that both accused were trustworthy, had fixed places of abode, and were not flight risks. The community and deceased's family did not present credible threats of revenge or evidence...
Source-derived case information.
- Citation
- [2016] KEHC 1203 (KLR)
- Parties
- Applicant: Republic; Defendant: Jeremiah Kamongo; Defendant: Peter Thuranira
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 37 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Application for bail granted.
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jeremiah Kamongo
Defendant
Peter Thuranira
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the accused persons bail.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused persons bail. The affidavits and pre-bail reports indicated that both accused were trustworthy, had fixed places of abode, and were not flight risks. The community and deceased's family did not present credible threats of revenge or evidence of likely absconding. The constitutional presumption of innocence and right to bail prevailed, and the objections raised were not sufficient to override these rights. Therefore, the accused were entitled to be released on bond or cash bail pending trial.
Court Disposition
Application for bail granted.
Orders
- Each accused may be released on bond of KSh.150,000 with one surety of the same amount or cash bail of KSh.50,000.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 37 OF 2016
REPUBLIC..............................................................................PROSECUTOR
VERSUS
JEREMIAH KAMONGO..........................................................1ST ACCUSED
PETER THURANIRA..............................................................2ND ACCUSED
RULING
Jeremiah Kamongo and Peter Thuranira face a charge of murder contrary to Section 203 as read with Section 204 of the Penal code.
By an application dated 8/8/2016, they seek to be released on bond pending hearing of this case. Each of the accused swore an affidavit in support of the application. They deponed that they have been advised that they have unqualified right under the Constitution, to bond because they are deemed innocent till proven otherwise; that their continued detention is a breach of their rights; that they will faithfully attend court as will be required of them; that they are Kenyan citizens and have fixed places of abode.
PC Boniface Muli, the Investigations Officer wrote a note to the court indicating that there are no compelling reasons to deny the accused persons bond.
The court called for pre-bail reports which I have considered. In accused1’s report, the community depicts him as a trustworthy person who has not been involved in any anti-social behaviour and is unlikely to abscond. The family of the accused is however objecting to the grant of bond.
Accused 2 is also depicted as an honest, hardworking person. The deceased’s family does not seem to suspect him and there is no probability of revenge attacks on him nor is he a flight risk.
Having considered the affidavits and pre-bail reports, I find that there are no compelling reasons to deny the accused persons bond. Each accused may be released on bond of KSh.150,000/- with one surety of the same amount or cash bail of Kshs.50,000/-.
DATED, SIGNED AND DELIVERED THIS 14TH DAY OF NOVEMBER, 2016.
R.P.V. WENDOH
JUDGE
14/11/2016
PRESENT
Mr. Mulochi for State
Kaumbi Holding Brief for Mr. Kiogora for Accused
Ibrahim/Peninah, Court Assistants
Present, Accused