[2022] KEHC 10697 (KLR)
The court found that accused I and IV were flight risks due to unclear or foreign abodes, making it imprudent to admit them to bond. Accused II and III, being neighbours of the deceased, faced safety concerns and the victim's family expressed fears about their release. The court held that, despite the constitutional...
Source-derived case information.
- Citation
- [2022] KEHC 10697 (KLR)
- Parties
- Applicant: Republic; Defendant: Geoffrey Kibunja; Defendant: Lucy Lozenja; Defendant: Charles Ndori; Defendant: Patrick Osuku
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E002 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail denied for all accused; all to remain in remand custody.
- Judges
- WM Musyoka
- Legal Topics
- Bail Pending Trial, Flight Risk, Community Ties, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Geoffrey Kibunja
Defendant
Lucy Lozenja
Defendant
Charles Ndori
Defendant
Patrick Osuku
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be released on bond or bail pending trial.
- 2 Whether the accused pose a flight risk or risk to the community if released.
- 3 Whether the safety of the accused and the interests of justice warrant denial of bail.
Ratio Decidendi
The court found that accused I and IV were flight risks due to unclear or foreign abodes, making it imprudent to admit them to bond. Accused II and III, being neighbours of the deceased, faced safety concerns and the victim's family expressed fears about their release. The court held that, despite the constitutional right to bail, the circumstances presented compelling reasons to deny bail to all accused at this stage. The accused were advised they may reapply after one year if circumstances change.
Court Disposition
Bail denied for all accused; all to remain in remand custody.
Orders
- The application for release on bond or bail is denied for all accused.
- The accused shall remain in remand custody pending trial.
Full Case Text
Judgment text and source record
27 paragraphs
Republic v Kibunja & 3 others (Criminal Case E002 of 2022) [2022] KEHC 10697 (KLR) (10 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10697 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case E002 of 2022
WM Musyoka, J
June 10, 2022
Between
Republic
Prosecutor
and
Geoffrey Kibunja
1st Accused
Lucy Lozenja
2nd Accused
Charles Ndori
3rd Accused
Patrick Osuku
4th Accused
Ruling
1. The accused are charged with murder, contrary to section 203 of the Penal Code, as read with section 204, of the Penal Code, cap 63, Laws of Kenya. They have pleaded not guilty to the charge.
2. What I am called upon to determine is their application for release on bond/bail pending hearing. The application was not opposed by the prosecution. It was, however, opposed by the Advocate appearing for the family of the victim of the alleged murder. With respect to accused I, he argued that he was a neighbour of the deceased, emotions on the ground were still high and his safety could not be guaranteed. Accused II was said to be a stepdaughter of the deceased, and had threatened family members. Accused III was said to be capable of tampering with witnesses. While accused IV was said to be a foreigner, as he is from Uganda.
3. I called for pre-bail reports. Pre-bail reports have been filed. The report in respect of accused I is not favourable to him. He is described as a crafty, unreliable, undisciplined, devious and unpredictable individual; who has very weak relations with the community. He is also said to be a person whose abode is unclear. The report on accused II favours her release on bond. She is said to have good community ties, although her step-sisters expressed fear about her release, saying that she had threatened them and the deceased. The report on Accused III is favourable, as it is said that there is nothing really adverse against him, for he did not abuse drugs or alcohol, had a fixed abode and was well regarded within the community. The report on accused IV paints him as a person with fairly good conduct and community ties, except that he is a foreigner, for he is a citizen of Uganda.
4. There is also an affidavit sworn on February 28, 2022, by No 79667 Corporal Mark Arawo, of the Directorate of Criminal Investigations, who is the investigating officer in the matter. He avers that the accused ought not to be granted bail. He avers that accused II and III were neighbours of the deceased, and their lives would be in danger from the villagers, if they were to be admitted, in view of the incident. He avers that accused I was of no fixed abode; and accused IV was a foreigner, with no permanent residence in Kenya.
5. I have perused the entire record. I have considered the pre-bail reports too. For accused I and IV, given that they are persons whose abode in Kenya is unclear, it would be imprudent to admit them to bond, for they are flight risks. For accused II and III, they are neighbours of the deceased, their safety cannot be guaranteed. In addition, the family of the victim is said to have expressed fears about them.
6. I am persuaded that this is not a case where I should exercise discretion to grant bail, much as the same is a constitutional right. The accused have liberty to apply, after expiry of one year, perhaps circumstances may have changed by then. They shall remain in remand custody in the meantime.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 10TH DAY OF JUNE 2022WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the Republic.Ms. Repha Mokeira, Advocate, for the accused persons.Mr. Benjamin Ogongo, Advocate for the family of the victim.