[2016] KEHC 2177 (KLR)
The court found that while there were no real compelling reasons to deny the accused bond, concerns existed regarding her ability to attend court due to her lack of local ties, absence of a known surety, and unclear arrangements for residence and court attendance. To balance the accused's constitutional right to...
Source-derived case information.
- Citation
- [2016] KEHC 2177 (KLR)
- Parties
- Respondent: Republic; Applicant: Mary Syombua Raeli
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Bond granted with stringent terms.
- Judges
- RPV Wendoh
- Legal Topics
- Bail and Bond, Pretrial Release, Murder Charge, Flight Risk, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Mary Syombua Raeli
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the accused bond under the circumstances.
Ratio Decidendi
The court found that while there were no real compelling reasons to deny the accused bond, concerns existed regarding her ability to attend court due to her lack of local ties, absence of a known surety, and unclear arrangements for residence and court attendance. To balance the accused's constitutional right to bond with the need to ensure her attendance at trial, the court granted bond but imposed more stringent terms, specifically requiring a bond of KShs.200,000 with two sureties of the same amount.
Court Disposition
Bond granted with stringent terms.
Orders
- Accused may be released on bond of KShs.200,000 plus two sureties of the same amount.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 21 OF 2016
REPUBLIC.........................................................PROSECUTOR
VERSUS
MARY SYOMBUA RAELI......................................... ACCUSED
RULING
By the Notice of Motion dated 28/7/2010, Mary Syombua seeks to be released on bond pending the hearing of this case where she is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
The grounds on which the application is predicated are that the accused has a fixed place of abode and not a flight risk; that there is no danger to her life and that she will abide by all the conditions that the court may impose if granted bond; that she has a Constitutional right to bond because she is deemed to be innocent till proved guilty.
The State did not oppose the bond but the court deemed it necessary to call for a pre-bail report.
The accused does not hail from Meru County but hails from Kitui. She had sought casual employment at the home of the deceased.
I have considered the pre-bail report and do note that the probation officer never interrogated the local administration in Kitui who would have given an independent report of how the accused related with the community.
The probation officer also noted that the accused was unable to explain how she will secure security or attend court if released on bond.
The main consideration in such an application is whether the accused will turn up for her trial. The accused hails from Kitui, which is not very near. She does not seem to have any known person that can stand surety for her or where she will reside or how she will attend court. Though there are no real compelling reasons to deny the accused bond, the above concerns cannot be wished away. For that reason, I will grant the accused bond but impose more stringent terms. I grant bond in the following terms:
Accused may be released on bond of KShs.200,000/= plus two sureties of the same amount.
DATED, SIGNED AND DELIVERED THIS 13TH DAY OF OCTOBER, 2016.
R.P.V. WENDOH
JUDGE
13/10/2016
PRESENT
Mr. Mulochi for State
Ms. Thibaru Holding Brief for Mr. Nyauchi for Accused
Ibrahim/Peninah, Court Assistants
Present, Accused