[2023] KEHC 22794 (KLR)
The court found that the prosecution had demonstrated compelling reasons to deny bail. Specifically, the accused was likely to interfere with witnesses, as he had allegedly threatened family members against testifying. Additionally, the community and family members expressed fear for their safety and that of the...
Source-derived case information.
- Citation
- [2023] KEHC 22794 (KLR)
- Parties
- Applicant: Republic; Respondent: Samuel Kahara Njogu
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 51 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Application for bail pending trial declined.
- Judges
- PM Mulwa
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Witness Interference, Flight Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Kahara Njogu
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny the accused bail, including risk of interference with witnesses and safety concerns.
Ratio Decidendi
The court found that the prosecution had demonstrated compelling reasons to deny bail. Specifically, the accused was likely to interfere with witnesses, as he had allegedly threatened family members against testifying. Additionally, the community and family members expressed fear for their safety and that of the accused, indicating a real risk of harm if he were released. The pre-bail report confirmed that the accused lacked family support and no one was willing to stand surety. These factors, taken together, established that the accused posed a flight risk and that his release would endanger both himself and others. Consequently, the court exercised its discretion to deny bail pending...
Court Disposition
Application for bail pending trial declined.
Orders
- The accused person shall remain in remand pending trial.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Njogu (Criminal Case 51 of 2019) [2023] KEHC 22794 (KLR) (28 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22794 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case 51 of 2019
PM Mulwa, J
September 28, 2023
Between
Republic
Prosecution
and
Samuel Kahara Njogu
Accused
Ruling
1. The accused person herein Samuel Kahara Njogu is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on October 25, 2019 at Irikia Village in Gitiha Sub-location Githunguri Sub-County within Kiambu County murdered Margaret Wairimu Njogu.
2. On January 15, 2020, the accused denied the charge and a plea of not guilty was entered.
3. Counsel for the accused pleads with the court to release the accused person on lenient bond terms, contending that he is not a flight risk and that he will attend court whenever required and abide by any other conditions the court may set.
4. The state opposed the release of the accused on bail. In an affidavit sworn by Cpl Richard Kemei and filed in court on January 22, 2020 it was averred that the deceased was the accused person’s biological mother and the family members were apprehensive that he posed danger to them and had threatened them against testifying in this matter. It was further stated that villagers at Irikia were still very angry with the accused and that he would not be safe if released on bail.
5. The court called for a pre-bail report and one was filed on July 31, 2023. The community and family members deem the offence committed by the accused to be serios and do not want to associate with him. For their own safety and that of the accused they would rather he attends court proceedings while he is in remand.
6. The pre-bail report states that none of the family members is supportive to the accused and none will be willing to stand surety for him.
7. Article 49(1)(h) of the Constitution guarantees an arrested person the right to be released on bond/bail on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
8. This court in exercising its mandate to either grant or deny bail pending trial is guided by the Judiciary Bail and Bond Policy Guidelines which recognize that an accused person should be released on bond pending trial unless there are compelling reasons. The prosecution is vested with the duty to bring to the attention of the court any compelling reasons that would warrant the denial of bond/bail pending trial.
9. The prosecution has demonstrated that there is a likelihood of the accused interfering with witnesses if released on bond. His release may also pose a danger to other family members as well as to himself and therefore this makes him a flight risk.
10. There exists compelling reason for this court to exercise its discretion and deny the accused person bond/bail.
11. The upshot is that the accused person’s application to be released on bond pending trial is declined.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 28TH DAY OF SEPTEMBER 2023. …………………………..………………P.M. MULWAJUDGEIn the presence of:Kinyua/Duale – court assistantsMr. Gacharia - for the stateMr. Olaka - for the accused personAccused – present in courtPa