[2015] KEHC 4904 (KLR)
The court found no compelling reasons to deny the accused bond. The Pre-Bail Report indicated reconciliation between the accused's and deceased's families, negating the risk to the accused's life. The prosecution's concerns about witness interference and the accused absconding were not substantiated by sufficient...
Source-derived case information.
- Citation
- [2015] KEHC 4904 (KLR)
- Parties
- Respondent: Republic; Applicant: Joseph Muriungi Ayub
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 59 of 2012
- Procedural Posture
- Criminal Application / Ruling on Bond Application Pending Trial
- Outcome
- Bond granted to the accused with conditions.
- Judges
- RPV Wendoh
- Legal Topics
- Bail and Bond, Presumption of Innocence, Witness Interference, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joseph Muriungi Ayub
Applicant
Procedural Posture
Criminal Application / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bond pending trial under the Constitution.
- 2 Whether there are compelling reasons to deny the accused bond.
- 3 Whether the accused is likely to interfere with witnesses or abscond if released on bond.
Ratio Decidendi
The court found no compelling reasons to deny the accused bond. The Pre-Bail Report indicated reconciliation between the accused's and deceased's families, negating the risk to the accused's life. The prosecution's concerns about witness interference and the accused absconding were not substantiated by sufficient evidence. The only concern was the accused's prior residence in Mombasa, which the court addressed by imposing strict bond terms. The court thus exercised its discretion to grant bond, subject to cash bail, surety, and compliance with court attendance and good conduct.
Court Disposition
Bond granted to the accused with conditions.
Orders
- Accused to deposit in court cash bail of Ksh 100,000.
- Accused to provide a surety of Ksh 400,000.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HC CR 59 OF 2012
REPUBLIC…………………………………………………PROSECUTOR
VRS
JOSEPH MURIUNGI AYUB…………………………………ACCUSED
RULING
This is an application for bond. The grounds upon which the application is premised are that accused has a Constitutional right to be released on bond pending trial because he is presumed innocent till proven guilty; that he will abide by all the terms and conditions; that there is no threat or danger to his life because his family and that of the deceased have reconciled and that his case is likely to take long before it is determined.
The application was opposed and the investigating officer PC Eyata Barasa filed an affidavit in reply. He deponed that the witnesses hail from the same area with accused and there is a likelihood that he will interfere with them; that his life may be in danger if released.
The court called for a Pre- Bail Report which was filed by the probation officer. According to the report, it seems the accused’s family and the deceased’s have reconciled and there is no likelihood of his life being in danger.
In an application for bond, the court considers the following;
That the accused will attend court if released on bond;
That he will not interfere with witnesses;
The antecedents and character of the accused;
That the accused will be safe if released;
The seriousness and surety of the sentence;
Other considerations depending on the special circumstances of each case.
Bail is a Constitutional right because the accused is presumed innocent till proved otherwise. Bond will only be denied if there are compelling reasons to warrant denial of bond and these reasons include the above stated conditions.
After considering the application and Pre-Bail Report, I find no compelling reasons to deny the accused bond. The only concern is that he has been living in Mombasa and he might escape there. The court therefore grants bond to the accused on the following terms;
Accused to deposit in court cash bail of Ksh 100,000/=
In addition, to avail surety of Ksh 400,000/=
To be of good conduct while on bond;
To attend court as will be required of him, in default of any of the above conditions, bond will be cancelled.
If he is released on bond, mention on 4th June, 2015.
DATED SIGNED AND DELIVERED THIS 4TH MAY, 2015.
R. V. P. WENDOH
JUDGE
In the presence of;
Mr. Mulochi for State
Mr. Igweta Holding Brief for Mr. Kimathi for Accused
Faith, Court Assistant
Accused