[2017] KEHC 1890 (KLR)
The court found that although the right to bail is constitutionally guaranteed, it is not absolute. The pre-bail reports indicated that both accused persons faced significant hostility from the community and the deceased's family, who had threatened revenge if the accused were released. The area chief and relatives...
Source-derived case information.
- Citation
- [2017] KEHC 1890 (KLR)
- Parties
- Respondent: Republic; Applicant: Martha Kathure Mutuma; Applicant: Morris Maore Murungi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 64 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- application for bail dismissed; accused to remain in custody pending trial
- Legal Topics
- Bail Pending Trial, Compelling Reasons for Bail Denial, Murder Charge, Community Security, Risk of Reprisals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Martha Kathure Mutuma
Applicant
Morris Maore Murungi
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be released on bail pending trial.
- 2 Whether there exist compelling reasons to deny bail to the accused persons.
Ratio Decidendi
The court found that although the right to bail is constitutionally guaranteed, it is not absolute. The pre-bail reports indicated that both accused persons faced significant hostility from the community and the deceased's family, who had threatened revenge if the accused were released. The area chief and relatives expressed concerns for the accused's safety and described them as likely to abscond or reoffend. The absence of family support for the first accused and the negative community perception of the second accused further supported the existence of compelling reasons. The court concluded that, in light of these factors, releasing the accused on bail would endanger their safety and...
Court Disposition
application for bail dismissed; accused to remain in custody pending trial
Orders
- Application for release on bond is dismissed.
- Accused persons to remain in custody until the charge against them is heard and determined or circumstances on the ground change.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO.64 OF 2016
REPUBLIC........................................................PROSECUTION
VS
MARTHA KATHURE MUTUMA........................1ST ACCUSED
MORRIS MAORE MURUNGI............................2nd ACCUSED
RULING
Martha Kathure Mutuma and Morris Maore Murungi’s murder charges were consolidated on 17th October 2017. When they took plea and plea of not guilty was entered.
Pre-bail Report was called for and M/s Alice Mugambi Probation Officer Igembe District found both unsuitable to be considered for release on bail. For the 1st accused it is indicated she deserted her matrimonial home long before arrest and has 3 children were staying with their paternal grandparents.
The area Chief said Martha deserted her matrimonial home due to her wayward ways and is perennially in company of questionable male friends pretending they were her illicit brew customers. No family member to Martha came out to identify with her during the social inquiry and it came to the attention of the Probation Officers that they were fed up with her don’t care lifestyle.
The Probation Officer found out that deceased persons family members threatened to take the law into their hands if the accused is released. They were bitter with her behaviour of killing their kinsman and going into hiding for several months. The Members of Community and area chief feared for accused person’s life is released and advised that she remains in custody until her case is determined.
For Morris Maore Murungi his father and brother feared that if released on bond he could easily be a target of revenge by the relatives of the deceased who have vowed to avenge the blood of their kinsman. Relatives of the deceased and members of the community were opposed to release of the accused Morris Maore Murungi and the area Chief has advised that he remains in custody pending trial.
The chief of the area and accused person’s relatives talked negatively about accused that he is a criminal who is always a suspect in many criminal activities that are reported in the area.
Release of accused persons on bond pending trial is a constitutional right, which however is not absolute and where there are compelling reasons such as those enumerated herein their bond would be denied. The application for release of accused persons on bond is dismissed.
Accused persons to remain in custody until charge against them is heard and determined or circumstances on ground change.
HON. A.ONG’INJO
JUDGE
15. 11. 2017
Before Adwera-Ong’injo J
Penina – C/A
Mr Namiti holding brief for Mwathi for state.
Accused – Present in person.
Mr Ogoti Advocate for accused persons – No appearance.
Court
Ruling delivered dated and signed in court.
Hearing 10. 5.2018
HON. A.ONG’INJO
JUDGE