[2022] KEHC 13208 (KLR)
The court found that the risk of the community taking revenge and lynching the accused, given the recent nature of the alleged murder and the strong emotions within the community, constitutes a compelling reason to deny bail at this time. The court emphasized that the security of both the accused and the community...
Source-derived case information.
- Citation
- [2022] KEHC 13208 (KLR)
- Parties
- Applicant: Republic; Defendant: Patrick Naweet
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E002 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail denied with liberty to renew application after 90 days.
- Judges
- EM Muriithi
- Legal Topics
- Bail Application, Compelling Reasons, Public Safety, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Patrick Naweet
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial in light of the alleged compelling reasons.
- 2 Whether the security of the accused and the community constitutes a compelling reason to deny bail.
- 3 Whether the risk of interference with witnesses justifies denial of bail.
Ratio Decidendi
The court found that the risk of the community taking revenge and lynching the accused, given the recent nature of the alleged murder and the strong emotions within the community, constitutes a compelling reason to deny bail at this time. The court emphasized that the security of both the accused and the community is not guaranteed if the accused is released. The court also noted the opposition from the local community, the area chief, and the victim's family, as well as the probation officer's recommendation against bail. However, the court allowed for the possibility of reviewing the bail application after 90 days, should the situation on the ground change and emotions cool down.
Court Disposition
Bail denied with liberty to renew application after 90 days.
Orders
- The application for bail is denied at this time.
- The accused may renew the application for bail after 90 days from the date of this ruling.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Naweet (Criminal Case E002 of 2022) [2022] KEHC 13208 (KLR) (29 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13208 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case E002 of 2022
EM Muriithi, J
September 29, 2022
Between
Republic
Prosecutor
and
Patrick Naweet
Accused
Ruling
1. The DPP opposes bail for the accused on the grounds, principally, of overwhelming evidence against the accused and the security of the accused as “the accused person was seriously injured by members of the public and was almost lynched by members of the public before he was rescued by the area chief and police officers”. Likely interference with witnesses was also raised
2. Counsel for the victims’ family also opposes bail and urges that “it is unsafe for him and the community as he was rescued when public wanted to lynch him. It is also not fair to put responsibility on someone else to produce the accused for trial”.
3. The probation officer’s pre-bail report dated June 6, 2022 concludes as follows:“Conclusion and recommendationYour honour, before you, is a 48 year old family man. He has five children born of his two wives.All his children are in school save for his first born who is at home. His immediate family depends on him for their general up keep and provision of school fees for his children.The accused person and his family prays for this honourable court to grant him reasonable bond terms which they can afford to raise.The local community through the area chief and village elder strongly oppose the accused person being granted bond. They argue that being released back to the community undermines public safety. The security of the victim's family and that of the witnesses in this case may be compromised. Still the community is very bitter against the accused person, hence his security is also not guaranteed. The area chief also cited a possibility of the accused person jumping bond.The victim's family strongly opposed the accused person being granted bond by this court.Your honour, based on the findings stated above, I don't recommend the accused person being granted bond at this time.”
4. Counsel for the accused urged that the accused who is of fixed abode is not a flight risk and he is entitled to bail under the Constitutionof Kenya.
5. Having considered the circumstances of the case, the court considers that the risk of the community taking revenge and lynching the accused when killing the subject of the murder charge herein is still fresh in the minds of the members of the community where the accused lives and its potential for further social violent descriptions is a compelling reason to deny the accused bail in the short run.
6. The accused may review the application for bail when the situation of the ground changes with cooling of emotions and closure on the part of the deceased’s family and community members.
7. In the meantime, the trial shall proceed on priority basis as is policy with cases where accused person have not been released on bail.
8. The application for bail may be renewed on expiry of 90 days from today which will be about 12 months from the date of the killing subject of the murder charges.
DATED AND DELIVERED THIS 29TH DAY OF SEPTEMBER, 2022. EDWARD M. MURIITHIJUDGEAPPEARANCES:Ms Nandwa, Prosecution Counsel for DPP.Mr. Sandi, Advocate for the Accused.Ms. Kombo with Mr. Makori Advocates for the Deceased’s family.