[2016] KEHC 5144 (KLR)
Despite the lack of opposition from the State and the Investigation Officer, the court found, based on the pre-bail report, that the accused's release would not be appropriate. The report indicated that the family and community were divided, with some members hostile to the accused's release and concerns raised...
Source-derived case information.
- Citation
- [2016] KEHC 5144 (KLR)
- Parties
- Respondent: Republic; Applicant: Paul Mutwiri Munene
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 55 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Retrial
- Outcome
- bail application declined; accused to remain in remand pending trial
- Judges
- RPV Wendoh
- Legal Topics
- Bail Application, Pretrial Detention, Murder Charge, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Paul Mutwiri Munene
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Retrial
Legal Issues
- 1 Whether the accused should be granted bail pending trial for murder.
- 2 Whether the accused is a flight risk or likely to interfere with witnesses.
- 3 Whether the accused's release would compromise community safety or his own security.
Ratio Decidendi
Despite the lack of opposition from the State and the Investigation Officer, the court found, based on the pre-bail report, that the accused's release would not be appropriate. The report indicated that the family and community were divided, with some members hostile to the accused's release and concerns raised about his character and security. The court determined that releasing the accused could compromise both his safety and community peace, and that his character was in question. Therefore, the application for bond was declined, and the accused was ordered to remain in remand pending the hearing of the case, which would be given priority as it is a retrial.
Court Disposition
bail application declined; accused to remain in remand pending trial
Orders
- The accused shall remain in remand pending hearing of the case.
- The case will be given priority hearing.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 55 0F 2015
REPUBLIC…………………......................…………… PROSECUTOR
VERSUS
PAUL MUTWIRI MUNENE.................................................... ACCUSED
RULING
The accused faces a charge of murder contrary to Section 203as read withSection 204 of the Penal Code. By the Notice of Motion dated 3/3/2016, he seeks to be released on bond.
The applicant deponed that he has been in remand since 2001 and the officer is now bailable; that he has a fixed abode in Kibirichia in Meru and is not a flight risk; that he will not interfere with witnesses.
The Investigation Officer did not oppose the application. This case is a retrial, the Court of Appeal having ordered so.
Though the State did not oppose the application for bond, this court nonetheless called for a pre-bail report to help it appreciate the situation in the community and accused’s character.
In an application for bond, the paramount consideration is whether the accused will turn up for his trial. Other considerations are whether the accused will interfere with witnesses; the antecedents and character of the accused; the gravity of the offence and possible sentence.
I have read the pre-bail report. The victim herein was accused’s own brother. The family is divided as to whether or not accused should be granted bond. The parents seem to have mellowed and have no objection to his release but his brother is against the release and paints the accused character in negative light, that he smokes bhang and a dangerous person to the community. The same sentiments were echoed by the community who are still hostile to his release. From the report, it is clear that the parents of accused are already getting compromised and his release would just worsen the situation. Secondly, accused’s security cannot be guaranteed. His character is also put to question and for all the above reasons, I decline to grant the accused bond. He will remain in remand pending hearing of the case.
I appreciate that this is a retrial but the case will be given priority hearing.
It is so ordered.
DATED, SIGNED AND DELIVERED THIS 19TH DAY OF MAY, 2016.
R.P.V. WENDOH
JUDGE
19/5/2016
PRESENT
Mr. Mulochi for State
Mr. Igweta for Accused
Peninah/Ibrahim, Court Assistants
Accused, Present