[2022] KEHC 15673 (KLR)
The court found that the prosecution had provided compelling reasons to deny the accused bail. The accused was facing multiple capital offences, had no fixed abode, and was considered a flight risk likely to abscond if released. These factors satisfied the threshold for compelling reasons under Article 49(1)(h) of...
Source-derived case information.
- Citation
- [2022] KEHC 15673 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Magara Morara
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E057 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail application dismissed; accused to remain in custody until conclusion of the case.
- Judges
- RB Ngetich
- Legal Topics
- Bail Application, Compelling Reasons, Flight Risk, Serial Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Magara Morara
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether the prosecution has demonstrated compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that the prosecution had provided compelling reasons to deny the accused bail. The accused was facing multiple capital offences, had no fixed abode, and was considered a flight risk likely to abscond if released. These factors satisfied the threshold for compelling reasons under Article 49(1)(h) of the Constitution, justifying the denial of bail pending trial.
Court Disposition
Bail application dismissed; accused to remain in custody until conclusion of the case.
Orders
- The bail application dated December 17, 2021 is dismissed.
- Accused to remain in custody till conclusion of this case.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Morara (Criminal Case E057 of 2021) [2022] KEHC 15673 (KLR) (17 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15673 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E057 of 2021
RB Ngetich, J
November 17, 2022
Between
Republic
Prosecution
and
Paul Magara Morara
Accused
Ruling
1. The accused was charged with the offence of murder contrary to section 203 as read together with section 204 of the Penal Code.Particulars are that on December 22, 2020 at Gitambaya Location, Ruiru sub- county within Kiambu county, murdered Jasmin Cherono Martim.
2. The charge and its particulars were read over to the accused on November 8, 2021. The accused pleaded not guilty and a plea of not guilty was entered. Counsel for the accused Mr. Ajulu filed application on December 17, 2021 seeking to have the accused be released on reasonable bail terms.
3. The state counsel Mr. Gacharia opposed the application by filing an affidavit sworn by CPL Zablon Atubwa .The ground cited is that the accused is a serial offender with numerous capital offences. Cases listed include Kiambu criminal case No E060 of 2021 chraged with offence of Murder, Ruiru Cmcc No. E2827/2021, Ruiru Cmcc no. 2980 of 2021 and Ruiru Cmcc no. E2826 of 2021 offence of robbery with violence. Further that the accused is a risk flight with no fixed abode and is likely to abscond court if released on bond.The court called for a pre-bail report to be filed.
4. I have considered the application and averments in affidavit sworn by the investigating officer.
5. From averments by the investigating officer,the accused is facing other capital offences and they are apprehensive, if he is granted bond the accused who has no fixed aboard is a flight risk.
6. Under article 49 (1) (h) of the Constitutionof Kenya 2010. Article 49(1)(h) of the Constitutionprovides as follows:-“An accused person has the right …(h)to be released on bond or bail, on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released.”
7. There is no doubt that the prosecution have provided compelling reasons to warrant denying accused bond.
8. Final orders:-1. The bail application dated December 17, 2021 is dismissed.2. Accused to remain in custody till conclusion of this case.3. Hearing date to be fixed on priority basis.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 17TH DAY OF NOVEMBER, 2022. ......................................RACHEL NGETICHJUDGEIn the Presence of:Kinyua/Martin – Court AssistantMr. Kasyoka for StateAccused – Present