[2023] KEHC 26033 (KLR)
The court found that the 2nd accused had not demonstrated any material change in circumstances relevant to the risk of flight since the initial denial of bail. The fact that the accused now claims to have a 14-year-old son requiring his care was not persuasive, as the accused had previously absconded when the child...
Source-derived case information.
- Citation
- [2023] KEHC 26033 (KLR)
- Parties
- Applicant: Republic; Defendant: Loyford Munene; Defendant: Erickrenson Kirimi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2019
- Procedural Posture
- Criminal Case / Ruling on Renewed Bail Application Pending Trial
- Outcome
- Application for review of bail by the 2nd accused is declined.
- Judges
- EM Muriithi
- Legal Topics
- Bail Pending Trial, Flight Risk, Changed Circumstances, Expeditious Trial
- 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
Loyford Munene
Defendant
Erickrenson Kirimi
Defendant
Procedural Posture
Criminal Case / Ruling on Renewed Bail Application Pending Trial
Legal Issues
- 1 Whether the 2nd accused has demonstrated changed circumstances justifying review of bail denial.
- 2 Whether the 2nd accused remains a flight risk warranting continued denial of bail.
Ratio Decidendi
The court found that the 2nd accused had not demonstrated any material change in circumstances relevant to the risk of flight since the initial denial of bail. The fact that the accused now claims to have a 14-year-old son requiring his care was not persuasive, as the accused had previously absconded when the child was even younger. The court held that the compelling reason for denial of bail—risk of flight—remains, and therefore declined to review or vary the earlier order denying bail. However, the court recognized the accused's right to an expeditious trial and directed the prosecution to proceed promptly with the case.
Court Disposition
Application for review of bail by the 2nd accused is declined.
Orders
- Application for review of bail by the 2nd accused is declined.
- Prosecution directed to call the majority of their witnesses on the hearing date set for 26/2/2024.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Munene & another (Criminal Case 36 of 2019) [2023] KEHC 26033 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26033 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case 36 of 2019
EM Muriithi, J
November 30, 2023
Between
Republic
Prosecutor
and
Loyford Munene
1st Accused
Erickrenson Kirimi
2nd Accused
Ruling
1. Upon the application for bail pending trial renewed for the 2nd accused after bail was rejected on the ground that he is a flight risk, I have considered the Affidavit in support of bail filed as Replying Affidavit to the Prosecution’s Affidavit in opposition to bail herein.
2. The prosecution points to the accused being a flight risk as he had subsequent to the incident subject of his murder charge kept away from the area for 3 years before arrest.
3. The Accused in reply sets up as changed circumstances that he now has a son aged 14 who was previously living with his maternal family but now lived with his parents and needs his tender care, and that he had therefore “every reason to be in Meru County.”
4. The DPP counters that the prosecution witnesses have not all testified and suggests that the bail be considered once all the prosecution witnesses testify. The issue, however, is whether the accused is a flight risk.
5. The court is not persuaded that there are any changed circumstances relevant to the question of the flight of risk. The accused had been away from Meru when the child now presented as requiring his tender care at 14 years was much younger!
6. On the very sermons compelling reason that the accused is a flight risk, the court is inclined to decline the application for review of bail presented by 2nd accused.
7. In the interest of balance in the criminal process, while preserving the prosecution’s interest in effective prosecution of criminal cases, the court will promote the accused’s right to expeditious trial especially where bail is denied. The court shall order the prosecution to proceed to early trial of the case.
8. Directions for the prosecution to call all majority of their witnesses on the hearing date set for 26/2/2024 shall be made.
DATED AND DELIVERED THIS 30TH DAY OF NOVEMBER 2023. EDWARD M. MURIITHIJUDGE