[2018] KEHC 9119 (KLR)
The court found that although the prosecution did not oppose bail and acknowledged the accused was not directly involved in the murder, the accused was the only connection to the persons who allegedly committed the act leading to the deceased's death. Those persons remain at large. The court determined that...
Source-derived case information.
- Citation
- [2018] KEHC 9119 (KLR)
- Parties
- Applicant: Republic; Defendant: Mary Njeri Wanjiku
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2017
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail denied; accused to remain in custody pending trial
- Judges
- AM Cockar
- Legal Topics
- Bail Application, Flight Risk, Murder Charge, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mary Njeri Wanjiku
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial for murder.
- 2 Whether the accused poses a flight risk if released on bail.
- 3 Whether the interests of justice are served by granting or denying bail.
Ratio Decidendi
The court found that although the prosecution did not oppose bail and acknowledged the accused was not directly involved in the murder, the accused was the only connection to the persons who allegedly committed the act leading to the deceased's death. Those persons remain at large. The court determined that releasing the accused would pose a flight risk and would not serve the interests of justice, particularly given her personal antecedents and the concerns raised in the victim impact statement. The interests of justice, therefore, dictated against granting bail, and the accused was ordered to remain in custody until the case is heard and finalized.
Court Disposition
bail denied; accused to remain in custody pending trial
Orders
- The accused is denied bail and shall remain in custody until the case is heard and finalized or otherwise terminated.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL CASE NO. 17 OF 2017
REPUBLIC..........................................................PROSECUTOR
-VERSUS -
MARY NJERI WANJIKU..........................................ACCUSED
RULING
1. The accused MARY NJERI WANJIKU faces one count of murder contrary to section 203 of the Penal Code.
2. The accused was arraigned in court on 24th April, 2017. Plea was taken on 3rd May, 2017 and case eventually fixed for hearing on 23/24/25th July, 2018.
3. Even though the court did not order for Probation Officer Report, on 15th January 2018 a Probation Officer appeared in court and sought more time to file a Report which was granted. The Report was filed on 29th January, 2018. That was record time.
4. On 5th February 2018 the Prosecution led by Ms Onunga did not oppose bail. The Learned Prosecution Counsel submitted that the investigating officer had informed her that the accused was not directly involved in the murder. Counsel urged that those directly involved were still at large and that any grant of bond should keep that factor in mind.
5. Mr. Ochako for the accused urged the court to grant the accused free bond on the basis of submissions by the prosecution that accused was not directly involved in the murder. Furthermore, Counsel urged, accused was not a person of means and had children who were under the care of her mother.
6. I have considered the application for bail. The State has not opposed bail but has indicated other accomplices are at large. On the part of the defence I have been given the accused personal circumstances that she is a single mum and that currently her mother is taking care of the children. I have also been asked to give low bond terms as accused is not a person of means.
7. There was nothing said by the prosecution to give insight into the family of the deceased and what their views in regard to bail are. Thankfully Abina, Probation Officer filed a report which contains victim impact statement.
8. According to the mother of the deceased, she knows the accused ad was clear that there was no bad relation between her and her late son. She went further to say that the deceased even took care of the accused children whenever the accused delayed to return home at night including feeding them and giving them a place to sleep. The mother of the deceased feels accused is a flight risk.
9. I have considered the circumstances of the case as it comes out from those who were interviewed by Abina, the Probation Officer. The picture created is that the accused was drunk on the night in question. She was agitated over some property she claimed a neighbour had stolen. She made it clear she wanted it back.
10. The accused had no grudge against the deceased. In fact what comes out clearly is the fact that the deceased would occasionally feed the children of the accused and even give them a place to sleep every time the accused stayed away late at night.
11. The prosecution has submitted that the accused was not directly involved in the deceased death and that therefore they do not oppose bail. I got curious to find out why then she was charged with this offence.
12. The very first witness statement in the prosecution bundle clearly shows that the accused summoned some people to the scene to deal with the person who had allegedly stolen from her (accused). It is misleading and incorrect to say accused had nothing to do with the deceased death.
13. I find the accused a flight risk, reason being she is the only connection to the persons she summoned to carry out the act, culmination of which led to deceased death. Those persons are still at large. To release the accused given her personal antecedents of being a lifist to say the least would not preserve the case or meet the ends of justice. I find that the interests of justice dictate against granting bail to the accused.
14. Accordingly, the accused is denied bail and should remain in custody until this case is heard and finalized or otherwise terminated.
DATED, SIGNED AND DELIVERED THIS 28TH DAY OF FEBRUARY, 2018.
LESIIT J
JUDGE