[2015] KEHC 3332 (KLR)
The court found that the State had provided compelling reasons to deny bond, including the risk of interference with witnesses, the likelihood of absconding due to the severity of the charge, and credible threats to the safety of both witnesses and the accused. The pre-bail assessment report corroborated these...
Source-derived case information.
- Citation
- [2015] KEHC 3332 (KLR)
- Parties
- Respondent: Republic; Accused: Joash Marube Bichanga
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- bond denied
- Judges
- CB Nagillah
- Legal Topics
- Bail and Bond, Murder Charges, Witness Interference, Constitutional Rights, Pre Bail Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joash Marube Bichanga
Accused
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to release on bond pending trial.
- 2 Whether there are compelling reasons to deny bond as required by the Constitution.
- 3 Whether the release of the accused would endanger witnesses or the accused himself.
Ratio Decidendi
The court found that the State had provided compelling reasons to deny bond, including the risk of interference with witnesses, the likelihood of absconding due to the severity of the charge, and credible threats to the safety of both witnesses and the accused. The pre-bail assessment report corroborated these concerns, noting heightened tensions and previous related violence. The court emphasized the need to balance the constitutional rights of both the accused and the victim's family. Given these factors, the court held that the accused should not be released on bond at this stage, but allowed for the possibility of reviewing the application after a year.
Court Disposition
bond denied
Orders
- The application for bond is denied.
- The accused may review his application after a year.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.11 OF 2015
REPUBLIC
VERSUS
JOASH MARUBE BICHANGA - ACCUSED
RULING
This is an oral application for the accused person to be released on bond pending the hearing and determination of his/her case.
The accused person is charged for murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are as follows: On the night of 19th day of March 2015 at Tondori village in Masaba North sub-county, within Nyamira County jointly with others not before court murdered Azenath Kerubo Kenya.
The right to bond/bail is a constitutional right as envisaged by the Constitution. Article 49(1) says: “An arrested person has a right (h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.”
The State has filed their affidavit, on 27th July 2015 sworn by No.83490 CPL. Vincent Chepkonga giving compelling reasons why the State has objection to the release of the accused person on bond. The salient reasons are:
The accused will be in contact with the witnesses. One eye witness, D B M, a minor is likely to be interfered with.
Due to severity of the sentence, temptation to abscond or go into hiding is very probable.
I have information, believed to be true, the family of the accused intend to relocate him to an area outside the jurisdiction of this court should him be released on bond.
In the pre-bail assessment report filed on 22nd June 2015. From the report, it appears that the release of the accused person on bond may endanger the lives of the witnesses and his own life. The master of ceremony during funeral expense drive was killed in unclear circumstances, raising fears that all is not well should the accused person be released on bond. Tensions are high, especially from the victim’s family as this was a double murder of a wife and daughter.
As the accused person has a constitutional protection, the victim’s family also has a constitutional protection. It is therefore incumbent upon the court to balance the rights of the accused persons and the rights of the victim family in the issuance of the bond/bail to the accused person.
This court, accordingly will not release the accused person on bond. This application is hereby denied. The accused is at liberty to review his application after a year or so.
It is so ordered.
Dated, signed and delivered in open court at Kisii this 31st day of July 2015
HON. C. B. NAGILLAH
JUDGE
In the presence of:
- Sepele for State
- M/S Sagwe holding brief for M/S Miencha for Accused
- Samuel Omuga: court clerk