[2022] KEHC 11174 (KLR)
The court found that there were compelling reasons to deny the accused bail. The pre-bail report indicated that the accused's family, who are also relatives of the victim, were unwilling to secure his release and feared for their safety. The accused had previously been convicted of a violent offence and was...
Source-derived case information.
- Citation
- [2022] KEHC 11174 (KLR)
- Parties
- Applicant: Republic; Respondent: Erick Kamau Kibugi
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E061 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- application for bail pending trial dismissed
- Judges
- RB Ngetich
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Flight Risk, Community Threat
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Erick Kamau Kibugi
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused should be granted bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bail as required under the Constitution.
Ratio Decidendi
The court found that there were compelling reasons to deny the accused bail. The pre-bail report indicated that the accused's family, who are also relatives of the victim, were unwilling to secure his release and feared for their safety. The accused had previously been convicted of a violent offence and was considered a threat to the community by the area Chief. The accused's stated intention to relocate to an unknown place upon release increased the likelihood of absconding. The lack of family support and the risk to the community, combined with the accused's own statements, led the court to conclude that he posed a flight risk and a danger to public safety. Therefore, the application...
Court Disposition
application for bail pending trial dismissed
Orders
- The application for bail pending trial is hereby dismissed.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Kibugi (Criminal Case E061 of 2021) [2022] KEHC 11174 (KLR) (28 July 2022) (Ruling)
Neutral citation: [2022] KEHC 11174 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E061 of 2021
RB Ngetich, J
July 28, 2022
Between
Republic
Prosecution
and
Erick Kamau Kibugi
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 19th October 2021 at around 0400hrs at Githurai 45 Mabrose area, Ruiru Sub-County within Kiambu County while armed with a knife murdered Mary Wanja Muiruri.
2. On 15th November 2021, the charge and its full particulars were read over to the accused. He denied the charges and a plea of not guilty was entered.
3. On 26th January 2021, Mr. Oketch for the accused applied to have the accused released on bond/bail. The state counsel Mr. Gacharia was not opposed to the accused being released on bond/bail but urged the court to call for a pre-bail report.
4. The court called for a pre-bail report.The pre-bail report was filed on 10th May 2022. The report states the accused family is not willing to deposit security for the bond. They are very bitter about the actions of the accused. The family is in fear that if the accused is released he will kill members of the family; they fear the accused is suffering from a mental illness and he declined to take any medication. The brother specifically stated that he does not wish to be involved with the accused. The cousin stated the accused had previously stabbed a neighbour and was sentenced by the Gatundu Court to serve 4 months in prison.
5. The victim’s family who are relatives of the accused refer to the accused as a deviant man and they want nothing to do with the accused.
6. The area Chief states that the accused is a threat to the community; that the accused is a suspect of using hard drugs and has been threatening to kill family members.
7. On the other hand, the accused wishes to be granted a free bond and thereafter relocate to an unknown place.
8. I have perused the probation report and I do note the families of the accused who are also the victims in this case do not wish to secure release of accused on bond. The accused wishes to be granted free bail and relocate to an unknown place.
9. In view of the fact that accused has intention of going to unknown place upon being released, there are high chances that he will abscond. The relatives have clearly dissociated themselves with him and they will not be willing to assist in ensuring that accused attends court. There is likelihood of accused being flight risk. Further the area Chief has indicated that he is a threat to the community. He may not therefore be accepted by the community and it may compromise his security.
10. From the foregoing, I find that there are compelling reasons to deny accused bond.
Final Orders:- 11The application for bail pending trial is hereby dismissed.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBUTHIS 28TH DAY OF JULY, 2022………………………………RACHEL NGETICHJUDGEIn the Presence of:Kinyua – Court ClerkAccused – Present