[2015] KEHC 4772 (KLR)
The court found that there were compelling reasons to deny bail to the accused persons. The pre-bail reports indicated that both accused had negative past character and were considered common criminals by the community and local administration. The deceased was a neighbor of the accused, and the community was not...
Source-derived case information.
- Citation
- [2015] KEHC 4772 (KLR)
- Parties
- Applicant: Republic; Respondent: Julius Mari Ntongai; Respondent: Luka Mwithalie Muroki
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 21 of 2014
- Procedural Posture
- Bond Application / Ruling on Bail Pending Trial
- Outcome
- application for bond denied; accused to remain in remand pending trial
- Judges
- RPV Wendoh
- Legal Topics
- Bail and Bond, Compelling Reasons, Witness Interference, Character and Antecedents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Julius Mari Ntongai
Respondent
Luka Mwithalie Muroki
Respondent
Procedural Posture
Bond Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial under the Constitution and Penal Code.
- 2 Whether there are compelling reasons to deny bail to the accused persons.
- 3 Whether the accused are likely to interfere with witnesses or abscond if released on bail.
Ratio Decidendi
The court found that there were compelling reasons to deny bail to the accused persons. The pre-bail reports indicated that both accused had negative past character and were considered common criminals by the community and local administration. The deceased was a neighbor of the accused, and the community was not ready to accept the accused back, raising the likelihood of revenge attacks against them. Furthermore, the proximity of the accused to witnesses, who are also neighbors, increased the risk of witness intimidation and interference. The court emphasized that the character and antecedents of the accused could intimidate witnesses and affect the integrity of the trial. Therefore, the...
Court Disposition
application for bond denied; accused to remain in remand pending trial
Orders
- The application to grant bond is declined.
- The accused persons will remain in remand pending the hearing of this case.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF MERU
HCCR NO. 21 OF 2014
REPUBLIC…………………………………………………PROSECUTOR
VRS
JULIUS MARI NTONGAI ………………………..…… 1ST ACCUSED
LUKA MWITHALIE MUROKI ………...…….…….... 2ND ACCUSED
RULING
These are applications for bond dated 2/3/2015. The two accused Julius Mari and Luka Mwithalie are charged with the offence of murder contrary to Section 203 and 204 of the Penal Code. They are alleged to have murdered their immediate neighbor. The applications are predicated on grounds found on the face of the applications and the affidavits of the applicants.
The grounds are that the Accused persons have unqualified right to bail on reasonable terms; that they will attend court as will be required of them; that they are still presumed innocent till proved guilty and if released, they will abide by all the terms that the court may impose.
The application was opposed. A replying affidavit was sworn by PC Moses Kusimba the investigating officer in which he deponed that the Accused persons are likely to interfere with witnesses who hail from same home area; that accused persons lives may be in danger because of revenge attacks and that there is high likelihood of them absconding if released.
For the court to grant an accused persons bail, it must be satisfied inter alia;
1. That the accused will turn up for the trial;
2. That the accused will not interfere with witnesses;
3. The court will consider accused’s character and antecedents;
4. That the accused’s life will not be in danger;
5. The severity of the likely sentence.
Bond will not be granted if there are compelling reasons to deny it. This court called for a bail enquiry reports (pre-bail) which were prepared. The bail reports made negative findings about the Accused persons past character, whereby they are portrayed as common criminals. They have been in and out of jail and both the local administration and community are not ready to have them back in their society.
Having considered the pre-bail reports and the affidavits filed herein, I find that indeed the deceased was a neighbour of the Accused persons and since the community is not ready to accept the Accused persons; there is high likelihood of revenge attacks on Accused persons. In addition, if released the witnesses who are neighbours are likely to be intimidated by Accuseds’ presence and may not be ready to testify. It would put pressure on the witnesses.
The court cannot ignore the character and antecedents of the accused persons because they may be an intimidation to the witnesses.
For all these reasons, I am satisfied that there are compelling reasons to deny the accused persons bond. I decline to grant the application to grant bond. The accused persons will remain in remand pending the hearing of this case.
DATED, SIGNED AND DELIVERED THIS 15THDAY OF MAY 2015
R.V.P. WENDOH
JUDGE
In the presence of;
Mr. Mulochi For State
Mr. Mutuma holding brief for Mr. Kiogora for Accused
C/c - Faith
Both Accused