[2016] KEHC 4150 (KLR)
The court found that the circumstances which previously justified denial of bail—namely, community tension and threats of retaliatory attacks—no longer existed. The pre-bail reports indicated that both the 2nd and 3rd accused had no prior criminal records, were unlikely to abscond, and posed no risk of interfering...
Source-derived case information.
- Citation
- [2016] KEHC 4150 (KLR)
- Parties
- Applicant: Republic; Defendant: Joyce Karema; Defendant: Mua Thuranira; Defendant: Jackson Kaumbuthu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 37 of 2014
- Procedural Posture
- Criminal Case / Ruling on Second Bail Application Pending Trial
- Outcome
- application for bail allowed
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Trial, Pre Bail Reports, Compelling Reasons for Bail, Community Security, Risk of Absconding
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joyce Karema
Defendant
Mua Thuranira
Defendant
Jackson Kaumbuthu
Defendant
Procedural Posture
Criminal Case / Ruling on Second Bail Application Pending Trial
Legal Issues
- 1 Whether there are compelling reasons to deny the 2nd and 3rd accused persons bail pending trial.
- 2 Whether the security situation and risk of retaliatory attacks justify continued detention of the accused persons.
Ratio Decidendi
The court found that the circumstances which previously justified denial of bail—namely, community tension and threats of retaliatory attacks—no longer existed. The pre-bail reports indicated that both the 2nd and 3rd accused had no prior criminal records, were unlikely to abscond, and posed no risk of interfering with witnesses. Furthermore, the 1st accused had already been released on bond without incident. In the absence of any compelling reasons to continue denying bail, and with the prosecution not opposing the application, the court determined that the constitutional right to bail should be upheld. The application for bail was therefore allowed, subject to the accused persons...
Court Disposition
application for bail allowed
Orders
- Each of the 2nd and 3rd accused may be released on cash bail of KShs.50,000 or bond of KShs.250,000 with one surety of like sum.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 37 OF 2014
REPUBLIC.......................................................... PROSECUTOR
VERSUS
JOYCE KAREMA ................................................. 1STACCUSED
MUA THURANIRA ............................................. 2ND ACCUSED
JACKSON KAUMBUTHU .................................... 3RD ACCUSED
RULING
Accused 2 and 3 filed a Notice of Motion dated 5/4/2016 seeking to be released on bond pending the hearing of this case. This is the second such application, the first one having been dismissed by J. Lesiit on 22/9/2014. This time round, the prosecution did not oppose the application. The main reason why the court declined to grant the accused 2 and 3 bond was because there was still tension in the community and the security to their lives could not be guaranteed as there were likely retaliatory attacks.
Two pre-bail reports have been presented to the court. The 2nd accused was described as a person who has not been in conflict with the law before, hard working and that there was no possibility of absconding or interfering with witnesses. It was also pointed out that there are no longer threats of retaliatory attacks against the accused 2 as accused 1 has been out on bond and there has been no threat to her life. Similar sentiments were recorded on behalf of accused 3.
From a consideration of the pre-bail reports, I find that there are no compelling reasons to deny the accused persons bond. I therefore allow the application. Each accused may be released on cash bail of KShs.50,000/= or bond of KShs.250,000/= with one surety of like sum.
DATED, SIGNED AND DELIVERED THIS 11TH DAY OF JULY, 2016.
R.P.V. WENDOH
JUDGE
11/7/2016
In the Presence of:
Mr. Mulochi for State
Miss Timbaru for Accused
Ibrahim/Peninah, Court Assistants
Accused 2 and 3