[2016] KEHC 1593 (KLR)
The court found that the victim's family, as evidenced by the pre-bail probation report and the investigating officer's sworn affidavit, remained bitter over the death of their kin and had vowed to seek revenge if the accused was released on bail. This constituted a compelling reason under Article 49(1)(h) of the...
Source-derived case information.
- Citation
- [2016] KEHC 1593 (KLR)
- Parties
- Respondent: Republic; Applicant: Matea Manyaas
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail application dismissed
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Offence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Matea Manyaas
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be released on bail pending trial.
- 2 Whether there are compelling reasons to deny bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the victim's family, as evidenced by the pre-bail probation report and the investigating officer's sworn affidavit, remained bitter over the death of their kin and had vowed to seek revenge if the accused was released on bail. This constituted a compelling reason under Article 49(1)(h) of the Constitution to deny the accused bail, as his safety could not be guaranteed and public order might be compromised. The court therefore dismissed the bail application, emphasizing the need to balance the accused's constitutional rights with the interests of justice and public safety.
Court Disposition
bail application dismissed
Orders
- The accused's application for bail pending trial is dismissed.
- A date will be given for the court to receive a plea bargain, if any.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO. 5 OF 2015
REPUBLIC........................................PROSECUTOR
versus
MATEA MANYAAS...................................ACCUSED
RULING
1. AccusedMATEA MANYAASis charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.When he was arraigned before court on 14th July 2015 he pleaded not guilty and further stated “I did not mean to do it”. His matter was then before Nyeri High Court. This matter was transferred to this court on 14th October 2015. Since then accused trial has not commenced because of delays by Government Chemist to provide examined exhibits. This has halted indeed the hearing of many murder trials and is adversely affecting this courts ability to dispense justice without delay.
2. The accused has sought that he be released on bail pending trial. Article 49(1)(h) provides that an arrested person has right to be released on bail or bond pending trial unless there are compelling reason.
3. In my view the compelling reasons which leads this court to decline to release the accused on bail is that the victim’s family, who according to the pre bail probation report and the investigating officers sworn affidavit, are still bitter over the death of their kin have vowed to revenge for the death of their kin if the accused is released on bail.
4. What however I note from the probation report is that the victim of the murder was the accused wife. In my view this is a matter the Office of the Director of Public Prosecution and the accused counsel should consider to enter into plea bargain. For that reason a date will be given at the reading of this ruling when the court will receive the plea bargain, if any.
5. For the reasons given above the bail application of the accused is dismissed.
DATED AND DELIVERED THIS 23RD DAY OF NOVEMBER 2016.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant …………………………………………
Accused: Matea Manyaas ……………………………
For accused: ………………………………………………..
For the State: …..............................................
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE