[2024] KEHC 13184 (KLR)
The court found that the accused was arrested over a year after the alleged offence, in circumstances suggesting he was evading arrest. The accused has no fixed abode, is single, and lacks demonstrable ties to the locality, increasing the risk of absconding. The Probation Officer's Report corroborated the...
Source-derived case information.
- Citation
- [2024] KEHC 13184 (KLR)
- Parties
- Applicant: Republic; Defendant: Kenneth Munene
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E041 of 2024
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail application declined; accused to remain in custody pending trial
- Judges
- EM Muriithi
- Legal Topics
- Bail Application, Flight Risk, Pre Bail Report, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kenneth Munene
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial in light of allegations of being a flight risk.
- 2 Whether the prosecution has demonstrated compelling reasons to deny bail.
Ratio Decidendi
The court found that the accused was arrested over a year after the alleged offence, in circumstances suggesting he was evading arrest. The accused has no fixed abode, is single, and lacks demonstrable ties to the locality, increasing the risk of absconding. The Probation Officer's Report corroborated the prosecution's concerns and recommended against release on bond. The prosecution thus demonstrated compelling reasons to deny bail, specifically the likelihood of the accused absconding trial. The court therefore declined the bail application and ordered the accused to remain in custody for the duration of the trial, unless changed circumstances are demonstrated.
Court Disposition
bail application declined; accused to remain in custody pending trial
Orders
- The accused's bail application is declined.
- The accused shall be held in custody for the duration of the trial unless and until there is demonstrated changed circumstance to warrant review of bail.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Munene (Criminal Case E041 of 2024) [2024] KEHC 13184 (KLR) (31 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13184 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case E041 of 2024
EM Muriithi, J
October 31, 2024
Between
Republic
Prosecutor
and
Kenneth Munene
Accused
Ruling
1. The court has considered the Affidavit in opposition of bail filed by the prosecution indicating that the accused went into hiding from 22/4/2023 after allegedly committing an offence of murder herein and was only arrested over a year after on 29/7/2024. The prosecution also aver that the accused has no fixed abode and he is a flight risk.
2. The Defence opposed the prosecutions’ contents in the Affidavit without filing any Replying Affidavit but counsel urged the court to direct the filing of Pre-bail Report by the Probation Officer.
3. The Probation Officer’s Report dated 17/9/2024 confirmed the Prosecution’s case saying in its conclusion:“Before this court is a 38 year old man who is single. He abuses alcohol according to his family. The accused was on the run for almost one year after alleged committal of the offence and it took combined efforts of authority agencies to apprehend him.Though is employer is willing to bond him out, the risks of him failing to adhere to bond terms is high considering the fact that he was arrested after a long search.RecommendationsConsidering the above findings, I am of the opinion that the accused is unsuitable for release on bond.”
4. The court would agree that the accused having been arrested over one (1) year after the alleged commission of the offence, in circumstances suggesting he was on the run; having no fixed abode; and, being single with no demonstrable connection to the locality and not shown to own any property in the area, he is a likely flight risk.
5. The Prosecution has demonstrated a compelling reason against grant of bail on the ground of likelihood of absconding the trial. The court directs that the accused be held in custody for the duration of the trial, unless and until there is demonstrated changed circumstances to warrant a review of bail.
Orders 6. Accordingly, the accused’s bail application is declined.
7. Directions as to hearing maintained for the 3/12/2024.
Order accordingly.
DATED AND DELIVERED THIS 31STDAY OF OCTOBER, 2024. EDWARD M. MURIITHIJUDGEAppearances:Mr. Sandi for the Accused.Mr. Masila for the DPP.