Republic v Patrick Kamanga Wanjama [2017] KEHC 1716 (KLR)
- Citation
- [2017] KEHC 1716 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- RPV Wendoh
- Case number
- Criminal Case 6 of 2017
- Language
- English
More details
- Court
- High Court
- Panel
- RPV Wendoh
- Case number
- Criminal Case 6 of 2017
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that there were no compelling reasons to deny the accused bond. The pre-bail report indicated the accused had a fixed abode, strong family ties, and no evidence of being a flight risk or likely to interfere with witnesses. Although the accused was described as a drunkard and associated with people of bad character, these factors did not amount to compelling reasons to deny bond. The court, however, considered the proximity of the accused to the deceased's family and the potential for emotional reactions, and thus required the accused to find alternative residence during the pendency of the case. Bond was granted with conditions to ensure attendance at trial.
Court disposition
Bond granted with conditions.
Orders
- Accused granted bond of Kshs. 350,000 with one surety of the same amount.
- Accused to obtain alternative place of residence during the pendency of the case.
02
Material facts
Parties
Republic
Respondent Counsel: Mr. Mong'arePatrick Kamanga Wanjama
Applicant Counsel: Mrs. MuriithiAmounts and remedies
- Bond Amount: KES 350,000
03
Procedural history
Posture
Criminal Case / Bond Application Ruling
04
Questions and positions
Legal issues
- 01
Whether the accused is entitled to bond under Article 49 of the Constitution.
- 02
Whether there are compelling reasons to deny the accused bond.
- 03
Whether the accused poses a flight risk or is likely to interfere with witnesses.
Party arguments
- Applicant
- Counsel for the accused argued that there were no compelling reasons to deny the accused bond under Article 49 of the Constitution. She relied on the accused's fixed abode, family ties, and lack of prior offences.
- Respondent
- Counsel for the State did not oppose the grant of bond but requested that sufficient bond terms be imposed to ensure the accused attends court.
05
Court’s reasoning
Legal principles
- 01
Article 49(1)(h) of the Constitution of Kenya
An accused person is entitled to bond unless there are compelling reasons to deny it.
- 02
Section 123A of the Criminal Procedure Code and relevant case law
The court must consider whether the accused is a flight risk or likely to interfere with witnesses.
06
Ratio, limits and disposition
Ratio decidendi
The court found that there were no compelling reasons to deny the accused bond. The pre-bail report indicated the accused had a fixed abode, strong family ties, and no evidence of being a flight risk or likely to interfere with witnesses. Although the accused was described as a drunkard and associated with people of bad character, these factors did not amount to compelling reasons to deny bond. The court, however, considered the proximity of the accused to the deceased's family and the potential for emotional reactions, and thus required the accused to find alternative residence during the pendency of the case. Bond was granted with conditions to ensure attendance at trial.
Obiter and limits
- The absence of bad blood between the families reduces the risk to the accused's safety.
- The reaction of the deceased's children could not be ascertained as they were not interviewed in the pre-bail report.
Court disposition
Bond granted with conditions.
- Accused granted bond of Kshs. 350,000 with one surety of the same amount.
- Accused to obtain alternative place of residence during the pendency of the case.
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
CRIMINAL CASE NO.6 OF 2017
REPUBLIC……………………………..PROSECUTOR
- V E R S U S -
PATRICK KAMANGA WANJAMA…………ACCUSED
R U L I N G
Patrick Kamanga Wanjama faces a charge of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.
On 3/5/2017, the accused’s counsel, Ms Muriithi made an oral application for bond under Article 49 of the Constitution arguing that she was not aware of any compelling reasons to deny the accused bond.
Mr. Mong’are, learned Counsel for the State did not oppose bond save that he urged the court to give sufficient bond terms to ensure that the accused attends court.
The court called for a pre-bail report to help it determine whether there are any compelling reasons from the community that would warrant a denial of bond. From the social enquiry, the accused is a resident of Matunda Location where he has grown up and lives with his family members. He has a fixed abode. Though this is said to be his first offence, he is said to be a drunkard and associates with people of bad character; the report also indicates that there is no bad blood between the family of the deceased and accused even after the murder incident and therefore his life may not be in danger from the public but could not rule out the reaction of the deceased’s children as they were not interviewed.
Having considered the said report, it is my considered view that accused is not a fight risk; there is no evidence that he will interfere with witnesses. I will however, because the deceased was an immediate neighbour and accused’s release on bond may evoke emotions, it is advisable that the accused do get an alternative place of residence during the pendency of this case.
I grant accused bond of Kshs.350,000/= with one surety of the same amount.
…………………
R.P.V. Wendoh
JUDGE
Dated, Signed and Delivered at NYAHURURU this 24thday of May, 2017.
PRESENT:
Mr. Mong’are - for prosecution counsel
Mrs. Muriithi for applicant
Soi - Court Assistant
Accused Present
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