[2017] KEHC 1967 (KLR)
The court found that the pre-bail report indicated strong opposition from the deceased's family, who are immediate neighbours to the accused, and a lack of support from the accused's own family, who were unwilling to offer surety due to the alleged crime's impact on their reputation. These factors, taken together,...
Source-derived case information.
- Citation
- [2017] KEHC 1967 (KLR)
- Parties
- Applicant: Republic; Defendant: John Nkoroi Ruberi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 44 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- bond denied; accused to remain in custody pending trial
- Legal Topics
- Murder Charge, Bail and Bond, Pre Bail Report, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Nkoroi Ruberi
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused should be released on bond pending trial for murder.
- 2 Whether the pre-bail report and views of the victim's family and accused's family affect bond eligibility.
Ratio Decidendi
The court found that the pre-bail report indicated strong opposition from the deceased's family, who are immediate neighbours to the accused, and a lack of support from the accused's own family, who were unwilling to offer surety due to the alleged crime's impact on their reputation. These factors, taken together, constituted compelling reasons to deny the accused's application for bond. The court exercised its discretion to disallow bond, holding that the interests of justice and the potential for community tension or interference outweighed the accused's right to bail in this instance.
Court Disposition
bond denied; accused to remain in custody pending trial
Orders
- Accused's application for bond is disallowed.
- Accused to remain in custody pending trial.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO.44 OF 2015
REPUBLIC.....................................PROSECUTION
VS
JOHN NKOROI RUBERI........................ACCUSED
RULING ON BOND
The accused John Nkoroi Ruberi faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya.
The particulars are that John Nkoroi Ruberi on the 1st day of June 2015 at Muriene Village, Katheri Central Location, Abothuguchi West Division in Imenti Central District within Meru County murdered Martin Muriithi.
Accused was arraigned in court on 8th June 2015 and upon being taken for mental assessment and counsel being appointed for him, charge was read to him on 20th June 2015 and he pleaded not guilty.
On 12. 6.2017 this court called for a Pre-bail Report which was filed on 28. 7.2017 indicating that accused is not suitable to be released on bond for reasons among others that the father of the deceased who is accused persons immediate neighbour expressed pain at the loss of his son and was negative about accused person being released on bail and accused persons family was not ready to offer surety because according to them accused destroyed family image by killing their immediate neighbour. In the circumstances accused persons application for bond is disallowed. Accused will remain in custody pending trial.
HON. A.ONG’INJO
JUDGE
Ruling Signed, Delivered and Dated this 02nd of November 2017.
In the presence of:
C/A : Penina
Prosecutor: Mrs Mwathi
Accused: Present in Person
Mr Wamache Advocate for accused.
HON. A.ONG’INJO
JUDGE
Orders
Mention 9. 11. 2017 for Hearing date. Notice to issue to defence Counsel.
HON. A.ONG’INJO J
2. 11. 2017