[2016] KEHC 5145 (KLR)

[2016] KEHC 5145 (KLR)

The court found that although the pre-bail report was favourable and there was no objection from the victim’s family, the accused failed to explain his whereabouts for the year he was at large. The investigating officer’s affidavit, which was not rebutted by the accused, established that the accused went into hiding for over a year after the alleged offence. The court held that this conduct demonstrated a significant risk that the accused would abscond if released on bond. The primary consideration being the likelihood of the accused attending trial, the court was not satisfied that the accused would do so if released. Consequently, the application for bond was declined and the accused...

Citation
[2016] KEHC 5145 (KLR)
Parties
Respondent: Republic; Applicant: Martin Kimathi
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
20 May 2016
Case Number
Criminal Case 55 of 2016
Procedural Posture
Criminal Case / Ruling on Bond Application
Outcome
bond application declined; accused to remain in remand
Judges
RPV Wendoh
Legal Topics
Bail and Bond, Flight Risk, Pretrial Detention
Source Language
English
Criminal Law Bail and Bond Flight Risk Pretrial Detention

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Respondent

Martin Kimathi

Applicant

Procedural Posture

Criminal Case / Ruling on Bond Application

Legal Issues

  1. 1 Whether the accused should be granted bond pending trial.
  2. 2 Whether the accused poses a flight risk due to his previous conduct.

Ratio Decidendi

The court found that although the pre-bail report was favourable and there was no objection from the victim’s family, the accused failed to explain his whereabouts for the year he was at large. The investigating officer’s affidavit, which was not rebutted by the accused, established that the accused went into hiding for over a year after the alleged offence. The court held that this conduct demonstrated a significant risk that the accused would abscond if released on bond. The primary consideration being the likelihood of the accused attending trial, the court was not satisfied that the accused would do so if released. Consequently, the application for bond was declined and the accused...

Court Disposition

bond application declined; accused to remain in remand

Orders

  • The application for bond is declined.
  • The accused shall remain in remand pending determination of the case.