[2016] KEHC 5527 (KLR)
The court found that the pre-bail reports contradicted the Investigating Officer's claim, confirming that the accused have a fixed abode, are of good character, and that their family (also the victim's family) does not oppose their release. There was no evidence of threats to their lives or risk of absconding. The...
Source-derived case information.
- Citation
- [2016] KEHC 5527 (KLR)
- Parties
- Applicant: Republic; Defendant: Martha Nabiashara Lemuyok; Defendant: Jackson Ariki
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2015
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Bail granted to both accused persons.
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Flight Risk, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Martha Nabiashara Lemuyok
Defendant
Jackson Ariki
Defendant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused persons bail under the Constitution.
Ratio Decidendi
The court found that the pre-bail reports contradicted the Investigating Officer's claim, confirming that the accused have a fixed abode, are of good character, and that their family (also the victim's family) does not oppose their release. There was no evidence of threats to their lives or risk of absconding. The court held that no compelling reasons were disclosed to justify denial of bail, and therefore the accused were entitled to be released on bond or cash bail pending trial.
Court Disposition
Bail granted to both accused persons.
Orders
- Each accused may be released on bond of KShs.200,000 with one surety of like sum or to deposit in court cash bail of KShs.75,000 each.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 23 OF 2015
REPUBLIC ……………………………….....….........… PROSECUTOR
VERSUS
MARTHA NABIASHARA LEMUYOK ………....……… 1ST ACCUSED
JACKSON ARIKI ...................................................... 2ND ACCUSED
RULING
The two accused, Martha Nabiashara Lemuyok and Jackson Ariki (Accused 1 and 2) face a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. They filed an application dated 3/3/2016, seeking to be released on bail pending the hearing of their case. A supporting affidavit was sworn by the 1st accused to the effect that they are residents of Katanga Drum Village, Archers Post in Samburu; that they are willing to abide by the bond terms that the court may impose; that they are not a flight risk; that if released, their lives will not be in danger and there are no compelling reasons to deny them bond.
The Investigating Officer, PC Kassim Abdi of Archers Post Police Station deponed that the accused do not have a fixed abode and would therefore be flight a risk.
The primary consideration in an application for bond is whether the accused will turn up for their trial. In this case, the court called for pre-bail reports. Contrary to the Investigation Officer’s averments, the pre-bail reports indicate that the accused have been of good character; have a fixed abode at Katanga Drum Village at Archer’s Post; that their family which is also the family of the victim are not opposed to their release on bond; that there is no threat to their lives.
In my considered view, there are no compelling reasons disclosed that could warrant this court denying accused persons bond. The court hereby grants the accused bond in the following terms:
1. Each accused may be released on bond of KShs.200,000/= with one surety of like sum or to deposit in court cash bail of Kshs.75,000/= each.
DATED, SIGNED AND DELIVERED THIS 25TH DAY OF APRIL, 2016.
R.P.V. WENDOH
JUDGE
25/4/2016
PRESENT
Mr. Mulochi for State
Mr. Igweta for Accused
Ibrahim/Peninah, Court Assistants
Both Present, Accused