[2022] KEHC 2681 (KLR)
The court found that, despite the prosecution not opposing bond, the probation report revealed that the accused is a Ugandan national with minimal ties to the local community, no family members available to take responsibility for his attendance, and no reliable information to ensure he could be traced if he...
Source-derived case information.
- Citation
- [2022] KEHC 2681 (KLR)
- Parties
- Applicant: Republic; Respondent: Julius Nandaba
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E044 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond denied; accused to remain in custody pending trial.
- Judges
- RB Ngetich
- Legal Topics
- Bail and Bond, Pretrial Release, Flight Risk, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Julius Nandaba
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused should be released on bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bond as per the Constitution and relevant statutes.
Ratio Decidendi
The court found that, despite the prosecution not opposing bond, the probation report revealed that the accused is a Ugandan national with minimal ties to the local community, no family members available to take responsibility for his attendance, and no reliable information to ensure he could be traced if he absconded. The lack of social ties and support structures in Kenya, combined with the inability to interview family members or community members who could vouch for him, constituted compelling reasons to deny bond. The court concluded that it would be unsafe to release the accused on bond, as there was a significant risk of flight and no adequate assurance of his attendance at trial.
Court Disposition
Bond denied; accused to remain in custody pending trial.
Orders
- The application for bond is declined.
- The accused shall remain in custody pending trial.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. EO44 OF 2021
BETWEEN
REPUBLIC..............................................................................................PROSECUTOR
VERSUS
JULIUS NANDABA.........................................................................................ACCUSED
RULING
1. The accused was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Particulars are that on the night of 1st day of August, 2021 at around 8. 00 pm at Mai-gichu area Kikuyu sub-county he murdered one, Felix Akusai alias Kelvin Omutu.
2. The accused denied the charge read out to him on 20/9/2021. The court ordered pre-bail report to be filed by probation officer is entitled to reasonable bond terms. No reasons have been raised by prosecution. The accused has two families, a wife and a child of tender years and an aging mother all of whom are depending on accused. The accused has a fixed aboard and is not a flight risk and urge court to exercise discretion judiciously with respect to bail and bond.
3. The probation officer’s report was filed on 10th November, 2021. Today when the matter come up for bond application, the prosecutor indicated that they are not opposed to accused being released on bond.
4. I have perused the pre-bail report and note that the accused is a Ugandan by birth and his parents live in Uganda. The report indicate that the accused has one sister in Nairobi but efforts to reach her proved futile. None of accused’s family members was interviewed. Report indicate that he is married to two wives; one living in Uganda and one in Nairobi. That further, his wife in Nairobi declined to give any information concerning the accused indicating that she had known him for a few months.
5. The report further indicate that the local community did not know him well upto the time the offence is alleged to have been committed.
6. From the foregoing, it is clear that there is no one who will take responsibility of ensuring accused attends court or any information that will lead to tracing the accused in the event that he absconds.
7. It would therefore be unsafe to release the accused on bond. I therefore decline to release accused on bond.
RULING DATED AND DELIVERED AT KIAMBU THIS 24TH DAY OF JANUARY, 2022.
RACHEL NGETICH
JUDGE
Coram:
Court Assistant : Kinyua
For DPP :- Ms. GachariaX
For Accused :- Mr. Musau
Accused : Present
COURT
RULING delivered virtually.
RACHEL NGETICH
JUDGE