Kenya Judgment

High Court · High Court at Nakuru

Republic v P M K [2017] KEHC 134 (KLR)

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Source document

01

Holding and result

Although bail is a constitutional right, the court found compelling reasons to deny bail at this stage. The accused is a minor, and the pre-bail report, as well as the court's inquiry, revealed that his family is reluctant to accept him back home due to the nature of the incident, which involved family members. As a result, the accused would have nowhere to reside if released on bond. The court therefore declined to admit the accused to bail at this initial stage, with liberty to renew the application after family members have testified.

Court disposition

Bail application declined at this stage; accused to be remanded at Nakuru Juvenile remand home.

Orders

  • The accused shall be remanded at Nakuru Juvenile remand home.
  • Bond application may be renewed after family members have testified.

02

Material facts

Parties

Republic

Respondent Counsel: Mr. Chigiti

Peter Mbugua Kung’u

Applicant Counsel: Mr. Obutu

03

Procedural history

  1. Posture

    Criminal Case / Ruling on Bail Application

04

Questions and positions

Legal issues

Party arguments

Applicant
Counsel for the accused applied for the subject, a minor, to be released on bond, emphasizing that bail is a constitutional right and that the accused should not be unnecessarily detained before trial.
Respondent
Counsel for the State opposed the application for bail, highlighting concerns arising from the pre-bail report and the reluctance of the accused's family to accept him back into the home, given that the incident involved family members.

05

Court’s reasoning

  1. 01

    Article 49(1)(h) of the Constitution of Kenya

    Bail is a constitutional right, but may be denied if there are compelling reasons.

  2. 02

    Children Act, Section 4(2)

    The welfare and best interests of a child must be considered in criminal proceedings involving minors.

06

Ratio, limits and disposition

Ratio decidendi

Although bail is a constitutional right, the court found compelling reasons to deny bail at this stage. The accused is a minor, and the pre-bail report, as well as the court's inquiry, revealed that his family is reluctant to accept him back home due to the nature of the incident, which involved family members. As a result, the accused would have nowhere to reside if released on bond. The court therefore declined to admit the accused to bail at this initial stage, with liberty to renew the application after family members have testified.

Obiter and limits

  • The bond application may be renewed after family members have testified.
  • The court is mindful that bail is a constitutional right, but the best interests of the child must be considered.

Court disposition

Bail application declined at this stage; accused to be remanded at Nakuru Juvenile remand home.

  • The accused shall be remanded at Nakuru Juvenile remand home.
  • Bond application may be renewed after family members have testified.

Source and reliance status

High Court

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Judgment reading view

Judgment text

The complete available source text.

Source document

High Court

Judgment

[2017] KEHC 134 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

CRIMINAL CASE NO. 71 OF 2016

REPUBLIC..............................................STATE

VERSUS

PETER MBUGUA KUNG’U.........ACCUSED

RULING

Counsel for the subject Mr. Obutu has applied that the subject be released on bond. Mr Chigiti for the State strenuously opposed the application. I have considered the submissions made by both counsel on this question of bond, I have also perused the pre-bail report prepared by the Probation Department. I am mindful of the fact that bail is a constitutional right.

The court did question the subject’s father who seemed reluctant to have the subject released on bond. The subject is a minor who is still under the care of his parents. The court sensed a reluctance by the family to accept him back into the home as the incident involved family members. In that case the subject would have nowhere to go while awaiting trial.

In the circumstances I decline at this initial stage to admit the subject to bail. I direct that he be remanded at Nakuru Juvenile remand home. The bond application may be renewed after family members have testified.

Dated in Nakuru this 27th day of February 2017.

Mr. Obutu for Accused

Mr. Chigiti for State

Hearing on 30/3/2017.

Maureen A. Odero

Judge

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Constitution of Kenya, Article 49(1)(h)

Legislation

Legislation referenced in the available case record.

Children Act, Section 4(2)

Legislation

Legislation referenced in the available case record.

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