[2017] KEHC 2747 (KLR)
The court found that there were compelling reasons to deny the accused bond pending trial. The accused had a history of criminal behaviour, went into hiding after the offence, and was only arrested months later. The pre-bail report indicated strong opposition from the deceased's family and the local community, who...
Source-derived case information.
- Citation
- [2017] KEHC 2747 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Kailemia Ngeera alias Alqaeda
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2017
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond denied; accused to remain in remand pending trial.
- Legal Topics
- Murder Charge, Bail and Bond, Compelling Reasons, Flight Risk, Community Security
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Kailemia Ngeera alias Alqaeda
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused should be released on bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bond as required by law.
Ratio Decidendi
The court found that there were compelling reasons to deny the accused bond pending trial. The accused had a history of criminal behaviour, went into hiding after the offence, and was only arrested months later. The pre-bail report indicated strong opposition from the deceased's family and the local community, who considered the accused a threat and a flight risk. The accused and his relatives failed to provide a satisfactory explanation for his absence. The court concluded that releasing the accused would endanger the community and the accused himself, and would risk the administration of justice. Therefore, the application for bond was denied, and the matter was ordered to proceed to...
Court Disposition
Bond denied; accused to remain in remand pending trial.
Orders
- Application for bond is denied.
- Matter to be set down for hearing expeditiously.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO.40 OF 2017
REPUBLIC..........................................................PROSECUTION
VS
PAUL KAILEMIA NGEERE ALIAS ALQAEDA..........ACCUSED
RULING ON BOND
Paul Kailemia Ngeera alias Alqaeda was charged with the offence of murder contrary to section 203 as read with section 204 of the penal code cap 63 Laws of Kenya.
The particulars are that Pal Kailemia Ngeera alias Alqaeda on the 19th day of August 2016 at Ntulele Sub location, Buuri location in Tigania East Sub County within Meru County jointly with others before court murdered George Kauyuri.
When accused was arraigned in court for plea, he pleaded not guilty and his counsel Mr Igweta applied for his release on bond as a constitutional right.
The court called for Pre –bail Report which was availed on 1st day of August 2017 and same showed that accused was not suitable for release on bond for reasons that he has history of criminal behaviour; the deceased family members were opposed to his release as they claim he is a risk to them and a flight risk; that accused person went into hiding after committing offence and was only arrested months later.
The Local administration was totally against release of the accused as he was a threat to himself and the community and he might face the wrath of the community if he is seen in the area as they were still bitter with him for what happened.
I have noted that offence was committed on 19th August 2016 and accused was only arraigned in court only on 6th June 2017 and the finding by Probation Officer during social inquiry that accused escaped after committing offence is explained by the long period taken before being brought to court.
The accused person and his relatives who are interested in having him released have not given an explanation for the long absence.
In the circumstances I do find that there are compelling reasons why accused should not be released on bond pending trial. The matter should therefore be set down for hearing expeditiously to determine it to avoid having accused in remand for unnecessarily long period of time.
Those are orders of this court.
Ruling Signed, Delivered and Dated this 21st Day of September 2017.
HON. A.ONG’INJO
JUDGE
In the presence of:
C/A : Penina
Accused:- Present in Person.
Mr Mwanzia Advocate for accused N/A
Mr Igweta Advocate for Accused N/A
Mrs Mwathi for state - Present
Respondent:-
HON. A.ONG’INJO
JUDGE
Order
Mention on 3/11/2017to confirm statements supplied and Hearing date
HON. A.ONG’INJO JUDGE
21. 9.2017