[2023] KEHC 1926 (KLR)
The court found that the likelihood of the accused interfering with a key witness, who is his son, is real due to the natural loyalty of a child to a parent. Furthermore, the existence of other suspects not yet apprehended creates a risk that the accused may hinder their arrest. These factors together constitute...
Source-derived case information.
- Citation
- [2023] KEHC 1926 (KLR)
- Parties
- Respondent: Republic; Appellant: John Kimunya Kinuthia
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E010 of 2022
- Procedural Posture
- Criminal Appeal / Ruling on Bail Application Pending Trial
- Outcome
- bail application declined; accused to remain in custody pending trial
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
John Kimunya Kinuthia
Appellant
Procedural Posture
Criminal Appeal / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bail under the circumstances.
Ratio Decidendi
The court found that the likelihood of the accused interfering with a key witness, who is his son, is real due to the natural loyalty of a child to a parent. Furthermore, the existence of other suspects not yet apprehended creates a risk that the accused may hinder their arrest. These factors together constitute compelling reasons to deny the accused bail pending trial, notwithstanding the presumption of innocence and the general right to bail.
Court Disposition
bail application declined; accused to remain in custody pending trial
Orders
- The application for bail/bond is declined.
- The accused will be given a date for pre-trial to be conducted.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Kinuthia (Criminal Appeal E010 of 2022) [2023] KEHC 1926 (KLR) (10 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1926 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Appeal E010 of 2022
MM Kasango, J
March 10, 2023
Between
Republic
Prosecution
and
John Kimunya Kinuthia
Accused
Ruling
1. John Kimunya Kinuthia is charged with the offence of murder. He pleaded not guilty. The deceased Onesmus Mwangi Kimunya was the accused’s son. The information before court reveal that the accused allegedly committed the said offence with others not before court.
2. The accused is indeed presumed innocent until proven guilty. With that presumption of innocence, the accused is entitled to be released on bail/bond pending his trial unless there are compelling reasons not to do so.
3. The prosecution requested the court to bear in mind that one of the key witnesses in this case is a son of the accused. I have indeed noted the same and I am of the considered view that the likelihood of accused interfering with that witness, his son is real in view of the obvious royalty of a child to his parent.
4. further, I note that there are others implicated in this offence, who have not yet been apprehended. In view of that fact and the possibility that the accused may one way or another hinder their apprehension, I am of the view that the application for bail/bond will be declined.
Disposition 5. Having considered the bail application pending trial, I am of the view that there are compelling reasons to deny the accused bail. The application is declined. The accused will be given a date for pre-trial to be conducted.
RULING DATED AND DELIVERED AT KIAMBU THIS 10 TH DAY OF MARCH, 2023. MARY KASANGOJUDGEIn the presence of:-Coram:Court Assistant : Mourice/JuliaFor the applicant/accused:- absentInstructed by DPP for Respondent:- Mr. GachariaRULING delivered virtually.MARY KASANGOJUDGE