[2022] KEHC 12322 (KLR)
The court found that the first accused, having previously escaped from custody and remained at large for an extended period, is a flight risk. Additionally, the presence of vulnerable witnesses who have not yet testified further militates against his release on bond. The second accused's bail information report was...
Source-derived case information.
- Citation
- [2022] KEHC 12322 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Abdul Noor; Defendant: Fikirini Juma Hassan
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail and Bond Application; Plea Taking; Directions for Hearing
- Outcome
- Bail and bond denied for both accused; plea of not guilty entered; matter deferred for hearing.
- Judges
- A. Ong’injo
- Legal Topics
- Bail and Bond, Flight Risk, Plea Procedure, Custody Pending Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Abdul Noor
Defendant
Fikirini Juma Hassan
Defendant
Procedural Posture
Criminal Case / Ruling on Bail and Bond Application; Plea Taking; Directions for Hearing
Legal Issues
- 1 Whether the accused persons should be granted bail or bond pending trial.
- 2 Whether the circumstances justify review of bail terms for the second accused.
- 3 Whether the plea should be taken afresh for the first accused after escape from custody.
Ratio Decidendi
The court found that the first accused, having previously escaped from custody and remained at large for an extended period, is a flight risk. Additionally, the presence of vulnerable witnesses who have not yet testified further militates against his release on bond. The second accused's bail information report was not favourable, and there were no changed circumstances to justify a review of bond terms. Consequently, both accused persons were denied bail and ordered to remain in custody. The court also directed that the plea be taken afresh for the first accused, as he had not previously taken plea, and that statements and documentary exhibits be supplied to his counsel. The matter was...
Court Disposition
Bail and bond denied for both accused; plea of not guilty entered; matter deferred for hearing.
Orders
- First accused to remain in custody; bail denied due to flight risk and pending testimony of vulnerable witnesses.
- Second accused's application for review of bond terms declined; to remain in custody.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Noor & another (Criminal Case 15 of 2019) [2022] KEHC 12322 (KLR) (20 June 2022) (Ruling)
Neutral citation: [2022] KEHC 12322 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 15 of 2019
ACA Onginjo, J
June 20, 2022
Between
Republic
Prosecutor
and
Paul Abdul Noor
1st Accused
Fikirini Juma Hassan
2nd Accused
Ruling
1. Bail Information Reports dated 21st March 2022 in respect of accused persons has been considered.
2. A1 was remanded at the Likoni Children’s Remand Home from where he escaped and from 8th October 2019 to 26th February 2021 he was at large. He is currently serving a sentence for escape from custody that will end on 2nd July 2022.
3. A1 having escaped from custody has demonstrated that he is a flight risk considering that there are also vulnerable witnesses who have not testified this court cannot release A1 on bond.
4. The prison authority should consider enrol him in school so he can atleast sit for class 8 exams.
5. A2 Fikirini Juma Hassan’s bail information Report is also not favourable for reasons circumstances have not changed to warrant renew of ruling on bond application.
6. Application by A2 for review of terms is declined. A2 will also remain in custody.
7. Hearing on 20/06/22 and 22/06/2022.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT THIS 20TH DAY OF JUNE 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel – Court assistantMr. Ngiri for StateA1 – Present in personA2 – Present in personMs. Mwenja Advocate for A1 – No appearanceMs. Nabwana Advocate for A2HON. LADY JUSTICE A. ONG’INJOJUDGEMr. Ngiri – We have confirmed 3 witnesses will be present.Order – Hearing later.HON. LADY JUSTICE A. ONG’INJOJUDGE20/06/2022Later at 10. 52amMs. Mwenja Advocate hold brief Mr. Kahindi for A1Ms. Nabwana Advocate for A2Ms. MwenjaI have just learnt the matter is coming up today. Mr. Kahindi was not aware of todate hearing. The last time I was in court there were warrant of arrest for A1. We were never informed he had been arrested. We have never been supplied with documents in this matter.Mr. Kahindi is not ready to proceed with the matter and requests to be discharged but I will take over. I request to be supplied with documents. I also request for adjournment I sincerely apologize to the court and the Accused persons for the inconvenience.CourtIt appears that A1 escaped from custody before plea was taken information read to accused persons afresh and particulars explained in Kiswahili language which they understand and they reply:-A1 – Not trueA2 – Not trueCourtPlea of not guilty entered for both accused persons. In consideration that A1 had not taken plea and statements and documentary exhibits had not been supplied to A1’s counsel this court hereby defers the matter to a later date.OrderHearing – 22/6/2022Copies of statements to be supplied to Ms. Mwenja’s Advcoate. Deputy Registrar to regularize appointment of Ms. Mwenja as advocate to A1. The witnesses in court:-Mebakari AliMasudi AliAlfan JumaTo be paid Kshs.400/= each being transport from & to Ng’ombeni.HON. LADY JUSTICE A. ONG’INJOJUDGE20/06/2022