[2017] KEHC 4851 (KLR)
The court found that, although the accused has a constitutional right to bond, the pre-bail report disclosed that she is a flight risk and faces a likelihood of revenge from the community, putting her safety at risk if released. These factors constitute compelling reasons under Article 49 of the Constitution to deny...
Source-derived case information.
- Citation
- [2017] KEHC 4851 (KLR)
- Parties
- Applicant: Republic; Defendant: Maureen Kawira
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2017
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond application declined.
- Judges
- A Mabeya
- Legal Topics
- Bail and Bond, Flight Risk, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Maureen Kawira
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bond under Article 49 of the Constitution of Kenya.
- 2 Whether there are compelling reasons to deny the accused bond.
Ratio Decidendi
The court found that, although the accused has a constitutional right to bond, the pre-bail report disclosed that she is a flight risk and faces a likelihood of revenge from the community, putting her safety at risk if released. These factors constitute compelling reasons under Article 49 of the Constitution to deny bond at this stage. The application for bond was therefore declined, with liberty to renew the application at a later date should circumstances change.
Court Disposition
Bond application declined.
Orders
- The application for bond is declined.
- The accused may renew the application at a later date.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 23 OF 2017
REPUBLIC ………………….…………..……..PROSECUTOR
VERSUS
MAUREEN KAWIRA …………………………....…ACCUSED
RULING
I have considered the application for bond. The same is not opposed. The Accused has a Constitutional right to bond unless there are compelling reasons under Article 49 of the Constitution of Kenya.
I have considered the pre-bail report dated 16/5/2017. The same discloses that the Accused is a flight risk and that there is a likelihood of revenge against her by the community. Her safety, if released is at risk.
Accordingly, I consider that there are compelling reasons not to release the Accused on bond for now. The application is declined. She may renew the application at a later date.
Matter be mentioned on Thursday 22/06/2017 to consider plea bargaining.
DATED andDELIVEREDat Meru this 19th day of June, 2017.
A. MABEYA
JUDGE
19/06/2017