[2017] KEHC 5802 (KLR)
The court found that the reasons advanced by the prosecution for opposing bail—namely, lack of full home particulars, risk of witness interference, and the alleged overwhelming evidence—were not compelling. The lack of home particulars could be addressed as a bail condition, while the claims of witness intimidation...
Source-derived case information.
- Citation
- [2017] KEHC 5802 (KLR)
- Parties
- Respondent: Republic; Applicant: Laban Kamau Kiarie
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2014
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- application for bail allowed
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Constitutional Rights, Flight Risk, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Laban Kamau Kiarie
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether the prosecution has established compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that the reasons advanced by the prosecution for opposing bail—namely, lack of full home particulars, risk of witness interference, and the alleged overwhelming evidence—were not compelling. The lack of home particulars could be addressed as a bail condition, while the claims of witness intimidation and flight risk were speculative and unsupported by factual evidence. The court emphasized that apprehensions not based on fact do not amount to compelling reasons to deny bail. Consequently, the accused's constitutional right to bail could not be curtailed on the basis of unsubstantiated fears or procedural convenience. The application for bail was therefore allowed, subject...
Court Disposition
application for bail allowed
Orders
- The accused shall be released upon his own cognizance in the sum of KShs 1,000,000 plus one surety in like sum.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 15 OF 2014
REPUBLIC…………………………………………....…...….PROSECUTOR
VERSUS
LABAN KAMAU KIARIE…….……………..…..…….……..…….ACCUSED
R U L I N G
1. The Accused in this case, Laban Kamau Kiarie, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information, undated but filed on 17/06/2014 that on diverse dates between 27th and 29th May 2014 at an unknown time in Kigio Sub-location in Gatanga District within Murang’a County , he murdered one Margaret Wanjiku Kamau. He pleaded not guilty to the charge. His trial has been ongoing and six prosecution witnesses have testified so far. The case comes up for further hearing on 03/07/2017.
2. In the meantime the Accused has applied notice of motion dated 27/05/2016 to be admitted to bail. The Republic has opposed the application by a replying affidavit filed on 31/03/2017. It is sworn by one Cpl. Urbanus Kivindyo, the investigating officer of the case.
3. Bail pending trial for any criminal offence is now a constitutional right that will be denied only for compelling reason. Any condition for such bail the court might impose, again by constitutional edict, must be reasonable. See Article 49(1) (h) of the Constitution of Kenya, 2010.
4. Bail has been opposed upon the following grounds –
(a) That the Accused is a flight risk “since his home particulars are unknown and it will be difficult to trace him should he abscond”.
(b) Apprehension that the Accused is likely to interfere with the remaining prosecution witness “through intimidation; threats and any other form of influence…”
(c) That because of the “overwhelming evidence” so far laid before the court, it is “highly likely” that the Accused may abscond.
5. Lack of full home particulars cannot be a compelling reason to deny anyone bail, and certainly not in the particular circumstances of this case. Such particulars can be obtained from the Accused as a condition for his release on bail.
6. As for the other grounds given by the investigating officer in his replying affidavit, they are merely speculative and not based on fact. There is no affidavit by any witness alleging any intimidation or threat from the Accused. Apprehension that is not based on fact on the part of the investigating officer is not compelling reason.
7. As for the argument that there is already “overwhelming evidence” laid before the court, that also cannot amount to a compelling reason to deny the constitutional right to bail.
8. I have perused the witness statements and other documents supplied to the Accused and to court by the prosecution and have noted the circumstances in which the alleged offence was committed. I do not find in them any compelling reason to deny the Accused bail.
9. I will in the circumstances allow the application and admit the Accused to bail. He shall be released upon his own cognizance in the sum of KShs 1 million plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 4TH DAY OF MAY 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 19TH DAY OF MAY 2017