[2017] KEHC 1995 (KLR)
The court found that the pre-bail report was not favourable to the accused's release on bond, primarily because the accused allegedly fled after committing the offence and was only apprehended in a different location. The accused's conduct raised concerns about his likelihood to attend trial if released. The court...
Source-derived case information.
- Citation
- [2017] KEHC 1995 (KLR)
- Parties
- Respondent: Republic; Defendant: Nicholas Ngolua
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond
- Outcome
- Bond application disallowed. Accused to remain in custody pending trial.
- Legal Topics
- Murder Charge, Bail and Bond, Pre Bail Report, Flight Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Nicholas Ngolua
Defendant
Procedural Posture
Criminal Case / Ruling on Bond
Legal Issues
- 1 Whether the accused should be granted bond pending trial for the offence of murder.
Ratio Decidendi
The court found that the pre-bail report was not favourable to the accused's release on bond, primarily because the accused allegedly fled after committing the offence and was only apprehended in a different location. The accused's conduct raised concerns about his likelihood to attend trial if released. The court concluded that these circumstances constituted compelling reasons to deny bond, and therefore ordered that the accused remain in custody pending trial.
Court Disposition
Bond application disallowed. Accused to remain in custody pending trial.
Orders
- The accused's application for bond is disallowed.
- The accused shall undergo trial while in custody.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO.40 OF 2015
REPUBLIC ....................................................PROSECUTION
VS
NICHOLAS NGOLUA...............................................ACCUSED
RULING ON BOND
The accused Nicholas Ngolua faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya.
Particulars are that Nicholas Ngolua between the night of 8th and 9th May 2015 at an unknown time in Lambocha village, Tigania East Sub county in Meru County murdered Mary Gakii.
Accused appeared in court on 15th May 2015 and pleaded to the charge against him on 15th June 2015. On 12th June 2017 this court called for a pre-bail Report which was filed on 28th July 2017.
The report is not favourable for accused persons release on bond for reasons among others that after he allegedly committed offence he escaped and was only arrested in Nanyuki. When he passed by his parents house so early in the morning to say he was going to Imenti, they questioned why he had left that early and when they went to check with the wife to inquire whether there was a misunderstanding they were shocked to find the wife lying dead on their bed.
In the circumstances accused persons application for bond is disallowed. He will undergo trial while in custody.
HON. A.ONG’INJO
JUDGE
Ruling Signed, Delivered and Dated this 30th of October 2017.
HON. A.ONG’INJO
JUDGE