[2022] KEHC 199 (KLR)

[2022] KEHC 199 (KLR)

The court found that although the prosecution did not adduce specific compelling reasons, the accused's history of fleeing and remaining untraceable for three years after the alleged offence constituted a compelling reason to deny bail or bond at this stage. The court held that this conduct predisposed the accused...

Source-derived case information.

Citation
[2022] KEHC 199 (KLR)
Parties
Applicant: Republic; Defendant: Andrew Kilonzo Michael
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
22 March 2022
Case Number
Criminal Case E029 of 2021
Procedural Posture
Criminal Case / Ruling on Bail/bond Application
Outcome
bail/bond denied
Judges
MW Muigai
Legal Topics
Murder Charge, Bail and Bond, Flight Risk, Compelling Reasons, Pre Bail Report
Source Language
english
Criminal Law Murder Charge Bail and Bond Flight Risk Compelling Reasons Pre Bail Report

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Andrew Kilonzo Michael

Defendant

Procedural Posture

Criminal Case / Ruling on Bail/bond Application

Legal Issues

  1. 1 Whether the accused should be granted bail or bond pending trial.
  2. 2 Whether there are compelling reasons to deny the accused bail or bond under Article 49(1)(h) of the Constitution.

Ratio Decidendi

The court found that although the prosecution did not adduce specific compelling reasons, the accused's history of fleeing and remaining untraceable for three years after the alleged offence constituted a compelling reason to deny bail or bond at this stage. The court held that this conduct predisposed the accused as a probable flight risk, and on a balance of probabilities, justified the denial of bail or bond pending trial. The court exercised its discretion to prioritize the integrity of the trial process and the accused's attendance over the constitutional presumption in favour of bail, given the specific circumstances of the case.

Court Disposition

bail/bond denied

Orders

  • The accused is denied bail/bond at this stage due to flight risk.