[2017] KEHC 1425 (KLR)
The court found that the accused, Joyce Kagendo, is closely related to the key prosecution witnesses, who are her family members, including her son. The pre-bail report indicated that the accused had previously threatened her son with death when briefly released from custody. The court determined that this conduct,...
Source-derived case information.
- Citation
- [2017] KEHC 1425 (KLR)
- Parties
- Applicant: Republic; Defendant: Joyce Kagendo
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 56 of 2017
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- bond application declined; accused to remain in custody
- Judges
- A Mabeya
- Legal Topics
- Bail and Bond, Compelling Reasons, Flight Risk, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joyce Kagendo
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bond as per Article 49(h) of the Constitution.
Ratio Decidendi
The court found that the accused, Joyce Kagendo, is closely related to the key prosecution witnesses, who are her family members, including her son. The pre-bail report indicated that the accused had previously threatened her son with death when briefly released from custody. The court determined that this conduct, coupled with the familial relationship, created a real and cogent risk of interference with witnesses. Additionally, concerns were raised regarding the accused's own safety if released. The court held that these factors constituted compelling reasons under Article 49(h) of the Constitution to deny bond. Therefore, the accused's application for bond was declined, and she was...
Court Disposition
bond application declined; accused to remain in custody
Orders
- The application for bond by the accused is declined.
- The accused shall conduct her case while in custody.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 56 OF 2017
REPUBLIC …………………………………………….…… PROSECUTOR
VERSUS
JOYCE KAGENDO ………………….......……....….………….... ACCUSED
RULING
1. Joyce Kagendo, hereinafter the accused is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. She has denied the charge and has applied for bond. Murder is a bailable offence like all other offences.
2. Bond is a Constitutional right for every accused. An accused can only be denied bond/bail if, in terms of Article 49 (h) of the Constitution, there are compelling reasons. Neither the Constitution nor Statute has defined what is meant by compelling reasons.
3. In R. v. Jackton Mayende & 3 Others [2012] eKLR the Court held that:-
“… the phrase compelling reasons would denote reasons that are forceful and convincing as to make the court feel very strongly that the accused should not be released on bond. Bail should not therefore be denied on flimsy grounds but on real and cogent grounds that meet the high standard set by the Constitution.”
4. What would be forceful and convincing not to release an accused on bond? In my view, this would be, cogent evidence of; the accused being a flight risk; the likelihood of the accused interfering with the prosecution witnesses; the accused being a security risk i.e. his likelihood of repeating the same or other offences; the safety of the accused being in jeopardy or any such like evidence. The list is not exhaustive.
5. In the present case, the Court (Hon. Onginjo J) ordered for a pre-bail report to be prepared and filed. That report was prepared and filed in Court on 4th December, 2017. The same discloses that the deceased in this case was the husband of the accused; that the eye witnesses are family members of the accused which includes her son. That when the accused was briefly released from police custody, she threatened the son with death. There is fear that if released, she might interfere with the witnesses in this case. Her safety is also not guaranteed.
6. To my mind, the close relationship between the accused and the aforesaid eye witnesses makes it more likely that she may interfere with the witnesses as has been alleged. It is alleged that she has done so previously and she may repeat the same.
7. In this regard, I am satisfied that there are compelling reasons why the accused should not be released on bond. The application for bond is therefore declined. She is to conduct her case while in custody.
DATED and DELIVERED at Meru this 6th day of December, 2017.
A. MABEYA
JUDGE