[2013] KEHC 4751 (KLR)
The court found that the probation report indicated no security threat to the accused or the deceased's family if bail was granted. The accused was of good character, young, and had family support. The prosecution's concerns about flight risk were not substantiated by evidence. The court concluded that there were no...
Source-derived case information.
- Citation
- [2013] KEHC 4751 (KLR)
- Parties
- Applicant: Republic; Respondent: Martin Mugendi Murungi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 66 of 2012
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Bail Application
- Outcome
- bail granted with conditions
- Judges
- CJ Kendagor
- Legal Topics
- Bail Pending Trial, Pretrial Release Conditions, Flight Risk, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Martin Mugendi Murungi
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Bail Application
Legal Issues
- 1 Whether the accused person should be granted bail pending trial.
- 2 Whether there is a security threat to the accused or the deceased's family if bail is granted.
- 3 Whether the accused is a flight risk.
Ratio Decidendi
The court found that the probation report indicated no security threat to the accused or the deceased's family if bail was granted. The accused was of good character, young, and had family support. The prosecution's concerns about flight risk were not substantiated by evidence. The court concluded that there were no compelling reasons to deny bail and that the accused should be granted bail pending trial, subject to conditions to ensure his attendance at trial.
Court Disposition
bail granted with conditions
Orders
- The accused shall deposit cash bail of Ksh.20,000.
- The accused shall sign a bond in the sum of Ksh.100,000 with one surety of like sum.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Miscellaneous Application 66 of 2012 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
REPUBLIC................................................................PROSECUTOR
VERSUS
MARTIN MUGENDI MURUNGI...............................RESPONDENT
RULING
This is an application by Mr. Mokua for the accused seeking to have the accused person released on bail. In Mr. Mokua’s brief submission in court he urged that the accused person is 19 years old. He submitted that the accused had promised to abide by the conditions the court will set for his release and urged the court to find him deserving bail pending his trial.
The state is represented by Mr. Moses Mungai who opposed the bail application. In his oral submissions in court Mr. Mungai stated that he had been advised by the investigating officer that there was still animosity between the family of the deceased and the accused who are neighbour’s at home. He submitted that after the incident the accused ran away from the area and was arrested much later. He stated that the police was apprehensive that the accused may jump bail.
Mr. Isaboke was the counsel holding brief for the defence and he urged the court to disregard the submissions by Mr. Mungai as being statements from the bar and urged that they ought to have been made through a Replying Affidavit.
I have carefully considered the application. I have also considered the submissions by both counsel and the prebail report by the Probation Officer dated 25th January 2013. I have considered the accused person is aged 21 according to the probation officers report.It means he was 20 years at the time of the incident. From the probation report it appears that there is no security threat to either the accused person or the family of the deceased if the accused was released on bail.The accused person is a young man. his father is still living and even though unable economically he is at least available to provide some guidance to the accused person and also cooperate with the authorities in case of a need. The probation report gives a very positive picture of the accused person as one known to be of good character.
Taking all the issues into consideration I find that the accused application for bail pending his trial should be allowed.
I grant the accused bond on the following terms:
1. The accused deposit cash bail of Ksh.20,000/-
2. The accused to sign bond in the sum of Ksh.100,000/- with one surety of like sum.
3. The accused should report to the Police Station at Mukuuni Tharaka Nithi County once every month and to produce evidence of such attendance in court when required.
DATED, SIGNED AND DELIVERED AT MERU THIS 7th DAY OF MARCH, 2013.
LESIIT, J.
JUDGE