[2022] KEHC 2909 (KLR)
The court found that the first accused had no fixed abode and there was no assurance he would attend court if released, constituting a flight risk. For the second accused, despite positive remarks from the area Chief, there were credible fears of a revenge attack if he was released. The court concluded that...
Source-derived case information.
- Citation
- [2022] KEHC 2909 (KLR)
- Parties
- Applicant: Republic; Defendant: Kiti Shadrack Chano alias Bembula; Defendant: Emmanuel Chai Shadrack alias Bamdii
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E019 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bond application deferred; accused persons to remain in custody.
- Legal Topics
- Murder Charge, Bail Application, Prebail Report, Flight Risk, Community Safety
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kiti Shadrack Chano alias Bembula
Defendant
Emmanuel Chai Shadrack alias Bamdii
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be released on bond pending trial.
- 2 Whether the accused persons pose a flight risk or risk to community safety if released on bond.
Ratio Decidendi
The court found that the first accused had no fixed abode and there was no assurance he would attend court if released, constituting a flight risk. For the second accused, despite positive remarks from the area Chief, there were credible fears of a revenge attack if he was released. The court concluded that releasing the accused persons on bond at this stage would be unsafe both in terms of ensuring their attendance at trial and protecting their safety and that of the community. Therefore, the application for bond was deferred, with the possibility of revisiting the issue if circumstances change or community tension reduces.
Court Disposition
Bond application deferred; accused persons to remain in custody.
Orders
- Orders to release accused persons on bond are deferred until a later stage when circumstances change or tension reduces.
- Mention set for 8/02/2022 for fixing hearing date.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. E019 OF 2021
REPUBLIC.......................................................................................PROSECUTOR
-V/S-
i. KITI SHADRACK CHANO alias BEMBULA
ii. EMMANUEL CHAI SHADRACK alias BAMDII.........................ACCUSEDS
R U L I N G
1. The Accused persons, Shadrack Chano alias Bembula and Emmanuel Chai Shadrack alias Bamdii are charged with the offence of murder contrary to Section 203 as read with Section 204 of the penal code.
2. Particulars are that the accused persons on 23rd May 2021 at Kayanda village, Takaungu sublocation within Kilifi County jointly with others not before the court murdered Mathias Mwagambo Gambo.
3. Accused persons pleaded not guilty to the charge and a prebail/social inquiry report was called for by the court upon application for release of accused persons on bond. Prebail Report was filed on 23/11/2021 and served upon defence counsel.
4. Upon consideration of the pre-bail report for accused persons who are 4th & 7th brothers in a family of 8 respectively, I do find that it would be unsafe to order for their release on bond for reasons A1 has no fixed abode and there is no assurance he will attend court if and when he returns to Mwingi where it is alleged he was residing.
5. On the other hand A2, although the Chief of the area spoke well of him as a responsible person there are fears of a revenge attack. In the circumstances orders to release accused persons on bond are deferred until at a later stage when the same can be revisited in event circumstances change or tension reduces.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 12TH DAY OF JANUARY, 2022.
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Court Asst. - Ogwel
Ms. Kambaga for State
Ms. Nzamba Advocate for Accused 1 – No appearance
Ms. Losi Advocate for Accused 2 – No appearance
COURT
Ruling delivered, dated and signed in Court. Application pending email.
Mention – 8/02/2022 for fixing hearing date.
Notice to Ms. Nzamba & Ms. Lozi Advocates – Production Order to issue.
HON. LADY JUSTICE A. ONG’INJO
JUDGE