[2017] KEHC 1988 (KLR)
The court found that, although the accused has a constitutional right to bond, the pre-bail report indicated his family is indifferent and there are threats to his personal safety if released. Given that the deceased was his twin brother, the risk to his safety could impede his attendance at trial. These factors...
Source-derived case information.
- Citation
- [2017] KEHC 1988 (KLR)
- Parties
- Respondent: Republic; Applicant: Kennedy Ntonja
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 39 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- bond application declined
- Judges
- A Mabeya
- Legal Topics
- Bail and Bond, Exceptional Circumstances, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Kennedy Ntonja
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bond as a constitutional right.
- 2 Whether there exist exceptional circumstances justifying denial of bond.
Ratio Decidendi
The court found that, although the accused has a constitutional right to bond, the pre-bail report indicated his family is indifferent and there are threats to his personal safety if released. Given that the deceased was his twin brother, the risk to his safety could impede his attendance at trial. These factors constitute exceptional circumstances justifying the denial of bond at this stage. The application for bond is therefore declined, but the accused is at liberty to renew the application after some time.
Court Disposition
bond application declined
Orders
- The accused's application for bond is declined.
- The accused may renew the application after some time.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 39 OF 2016
REPUBLIC …………………………………………….… PROSECUTOR
VERSUS
KENNEDY NTONJA …………………………….…….....……ACCUSED
R U L I N G
I have carefully considered the Application for bond by the accused. It is a Constitutional right of every accused to be granted bond unless there are special and exceptional circumstance.
In the present case, the pre-bail report on record shows that the Accused’s family is indifferent to him. There are threats to his own personal safety if he is released.
In the circumstances, if he is harmed for any reason, he might be unable to attend the trial. The deceased in this case was his twin brother.
Accordingly, I am satisfied that there are exceptional circumstances that militate against granting the accused bond. His application is accordingly declined.
He may however, renew the application after sometime. Mention on 24/1/2018 to give a hearing date.
DATEDand DELIVERED at Meru this 9th day of November, 2017.
A. MABEYA
JUDGE
09/11/2017