[2019] KEHC 10668 (KLR)
The court found that the accused person does not have a fixed abode and that both the victim's family and the community are opposed to his release due to safety concerns and the risk of revenge. The pre-bail report indicated a high likelihood of the accused interfering with witnesses or absconding. On these grounds,...
Source-derived case information.
- Citation
- [2019] KEHC 10668 (KLR)
- Parties
- Respondent: Republic; Defendant: Micheal Mutwiri M’ Ngaruthi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 46 of 2018
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_application_rejected
- Judges
- F Gikonyo
- Legal Topics
- Bail Pending Trial, Murder Offence, Pretrial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Micheal Mutwiri M’ Ngaruthi
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused person should be granted bail pending trial for the offence of murder.
- 2 Whether the accused person poses a risk of interfering with witnesses or absconding if released on bail.
Ratio Decidendi
The court found that the accused person does not have a fixed abode and that both the victim's family and the community are opposed to his release due to safety concerns and the risk of revenge. The pre-bail report indicated a high likelihood of the accused interfering with witnesses or absconding. On these grounds, the court held that there are compelling reasons to deny bail, prioritizing the safety of the community and the integrity of the trial process over the accused's right to bail.
Court Disposition
bail_application_rejected
Orders
- The accused person's application for bail is rejected.
- The accused person shall remain in custody until the case is heard.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 46 OF 2018
REPUBLIC..............................................................................PROSECUTOR
-VS-
MICHEAL MUTWIRI M’ NGARUTHI.....................ACCUSED PERSON
RULING
[1] Theaccused persons is charged with the offence of murder contrary to section 203 as read with section 204 of the penal code Cap 63 of the Laws of Kenya. The accused person has sought to be released on bail pending the hearing and determination of this case.
[2] The Probation officer has filed a pre-bail report on 12th July 2018 in relation to the accused person. In the report, the victim’s family and that of the accused are still opposed to them being released from custody. They opine that the same will endanger their lives and that the Community is still charged with anger over the offence hence chances of revenge are still high. Both the victim and his family state that the accused person is still a threat to them.
[3] The accused persons also are of no known fixed abode at this time. The only indication is of there being premises in his family land measuring one (1) acre but which has no title.
[4] In the circumstances, I am therefore convinced that there is still high likelihood of the accused persons interfering with the witnesses and/or absconding since he does not have a fixed abode.
[5] Accordingly the accused person’s application for bail is hereby rejected. The accused persons will remain in custody until this case is heard.
Dated, signed and delivered in open court at Meru this 28th day of January, 2019
.....................................
F. GIKONYO
JUDGE
In presence of-;
Namiti for state
Thangicia for accused – absent
.......................
F. GIKONYO
JUDGE