[2017] KEHC 134 (KLR)
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...
Source-derived case information.
- Citation
- [2017] KEHC 134 (KLR)
- Parties
- Respondent: Republic; Applicant: Peter Mbugua Kung’u
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 71 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail application declined at this stage; accused to be remanded at Nakuru Juvenile remand home.
- Judges
- JV Juma
- Legal Topics
- Bail Application, Juvenile Justice, Pretrial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Peter Mbugua Kung’u
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused, a minor, should be released on bond pending trial.
- 2 Whether the reluctance of the family to accept the accused back home affects the bail decision.
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.
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.
Full Case Text
Judgment text and source record
17 paragraphs
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