[2019] KEHC 6674 (KLR)
The court declined to admit the accused to bail pending trial, primarily on the basis of the pre-bail report which indicated that the local community remained hostile to the accused following the alleged murder. The report detailed that the accused's houses had been burnt and his family scattered, leading the court...
Source-derived case information.
- Citation
- [2019] KEHC 6674 (KLR)
- Parties
- Applicant: Republic; Defendant: Mathias Atolwa Musavi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail application declined; accused to remain in custody.
- Judges
- DN Musyoka
- Legal Topics
- Bail Pending Trial, Murder Charge, Pre Bail Report, Risk to Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Mathias Atolwa Musavi
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be released on bail pending trial for murder.
- 2 Whether the safety of the accused is at risk if released on bail.
Ratio Decidendi
The court declined to admit the accused to bail pending trial, primarily on the basis of the pre-bail report which indicated that the local community remained hostile to the accused following the alleged murder. The report detailed that the accused's houses had been burnt and his family scattered, leading the court to conclude that releasing the accused on bail would expose him to significant personal danger. The court held that, although the right to bail is constitutionally protected, it is not absolute and may be restricted where there are compelling reasons, such as the safety of the accused. The court therefore found it prudent to deny bail at this stage, with liberty to renew the...
Court Disposition
Bail application declined; accused to remain in custody.
Orders
- The application for bond is declined for now.
- The accused may renew the application after six months.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 42 OF 2018
REPUBLIC..............DIRECTOR OF PUBLIC PROSECUTIONS
VERSUS
MATHIAS ATOLWA MUSAVI.....................................ACCUSED
RULING
1. The accused is charged with murder contrary to section 203 of the Penal Code as read with section 204 of the Penal Code, Cap 63, Laws of Kenya. The particulars of the offence allege that on the night of 12th July 2018 at Aswani Village, Shiasaba Sub- Location, Shibuye Location of Kakamega East Sub-County, he murdered Benard Muchesia Lasa. He pleaded not guilty to the charge.
2. What I am called upon to determine is his application for release on bond pending hearing. The application was not opposed by the state, however, the prosecution called for a pre-bail report. The pre-bail report has been filed. It is dated 27th October 2018, and was lodged herein on 30th October 2019.
3. The report is unfavourable to the accused person. According to the Probation Officer, the ground is still hostile to the accused following the death of the deceased. His houses were burnt down, and his family scattered. It is opined that his release on bail may put him on harm’s way.
4. In view of the above, I hereby decline to admit the accused on bail for now, for his own sake. The application for bond may be renewed after six (6) months.
5. The matter shall be allocated a date for hearing at the delivery of this ruling.
DELIVERED DATED AND SIGNED AT KAKAMEGA THIS 14th DAY OF June 2019
W MUSYOKA
JUDGE