[2023] KEHC 3712 (KLR)
The court found that there were no fundamental changes in the circumstances since the previous ruling that would warrant granting bail or bond to the 1st and 3rd accused persons. The court emphasized the seriousness of the offence, the alleged threats of interference with witnesses, and the need to protect the...
Source-derived case information.
- Citation
- [2023] KEHC 3712 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Kanyi Mwangi; Defendant: Marth Wairimu Kamau; Defendant: Anthony Mutahi Karue
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E006 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bail/bond Application
- Outcome
- Bail/bond application for 1st and 3rd accused persons denied; matter to be fast-tracked for hearing.
- Judges
- CM Kariuki
- Legal Topics
- Bail and Bond, Judicial Discretion, Pretrial Release, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Kanyi Mwangi
Defendant
Marth Wairimu Kamau
Defendant
Anthony Mutahi Karue
Defendant
Procedural Posture
Criminal Case / Ruling on Bail/bond Application
Legal Issues
- 1 Whether there are sufficient grounds to grant bail or bond to the 1st and 3rd accused persons.
- 2 Whether there has been any fundamental change in circumstances since the previous bail ruling.
Ratio Decidendi
The court found that there were no fundamental changes in the circumstances since the previous ruling that would warrant granting bail or bond to the 1st and 3rd accused persons. The court emphasized the seriousness of the offence, the alleged threats of interference with witnesses, and the need to protect the integrity of the trial. The court exercised its discretion to deny bail and instead prioritized the expeditious hearing and disposal of the matter, in line with the Judiciary Bail and Bond Policy Guidelines of 2015.
Court Disposition
Bail/bond application for 1st and 3rd accused persons denied; matter to be fast-tracked for hearing.
Orders
- Bail/bond application for Accused 1 and 3 is rejected.
- The hearing and disposal of the matter is to be prioritized.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Mwangi & 2 others (Criminal Case E006 of 2022) [2023] KEHC 3712 (KLR) (27 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3712 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case E006 of 2022
CM Kariuki, J
April 27, 2023
Between
Republic
Prosecution
and
Peter Kanyi Mwangi
1st Accused
Marth Wairimu Kamau
2nd Accused
Anthony Mutahi Karue
3rd Accused
Ruling
1. On 24/8/2022, the court made a ruling in regard to the bond/Bail Application by the accused persons, and as for the accused No. 2, the application was successful in view of her circumstance as she had a very small baby.
2. However, for accused No. 1 and 3, the court declined to grant bail/bond and particularly in the ruling, page 3, paragraph 9 held that;“Judicial discretion is exercised judiciously. The Judiciary Bail and Bond Policy Guidelines of 2015 have provided parameters to assist the court in exercising discretion judiciously. With respect to bail and bond, they require that the court, in granting bail, should consider the seriousness of the offence, the strength of the case, interference of witnesses, failure of the accused to attend, or where the accused is charged with another case, the need to protect the victim(s), the security and safety of the accused, the likelihood of absconding from the jurisdiction of the court and other factors which the court must weigh in the interest of justice. Such an exercise of discretion requires a wholistic approach, and the court must, in close circumspection, take to account the circumstances of the case and the accused person individually. This is a case where the 1st accused wife is alleged to have been murdered by the accused persons, and already there allegedly exist threats of interference of witnesses, threats of suicides by some of the accused persons, and /or decimation of one of the accused persons.And this court, ordered in paragraph 10, page 4:“In the instant case, I am constrained to reject bail application for Accused 1 and 3 and instead fast-track the instant matter’s hearing.”
3. I have perused the entire ruling and witness statements and the said ruling. I find no fundamental changes in the circumstances which could warrant a grant of bail/bond, but instead, the court opts to prioritize the hearing and disposal of the matter.
DATED, SIGNED, AND DELIVERED AT NYAHURURU THIS 27TH DAY OF APRIL 2023. .....................................CHARLES KARIUKIJUDGE