[2019] KEHC 5268 (KLR)
Although the accused are presumed innocent and the probation service recommended their release on bond, the court found compelling circumstances justifying denial of bail. The accused face a grave charge of murder, and other suspects remain at large. The accused were employed as guards at the farm where the incident...
Source-derived case information.
- Citation
- [2019] KEHC 5268 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Ndung’u Kahira; Defendant: Josphat Ng’ang’a Muratha; Defendant: Moses Ebongon Lokadel; Defendant: George Musyimi Kaluku; Defendant: Maranga Joel Steves
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2019
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail denied; trial to be fast-tracked
- Judges
- K Kimondo
- Legal Topics
- Bail Pending Trial, Compelling Circumstances, Murder Charge, Victims Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Ndung’u Kahira
Defendant
Josphat Ng’ang’a Muratha
Defendant
Moses Ebongon Lokadel
Defendant
George Musyimi Kaluku
Defendant
Maranga Joel Steves
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling circumstances to deny bail to the accused persons.
- 3 Whether the views of the victim's family and security concerns should affect the grant of bail.
Ratio Decidendi
Although the accused are presumed innocent and the probation service recommended their release on bond, the court found compelling circumstances justifying denial of bail. The accused face a grave charge of murder, and other suspects remain at large. The accused were employed as guards at the farm where the incident occurred, and the deceased was part of a group allegedly attempting theft. Security concerns were raised, including demonstrations and property destruction following the incident, as noted in pre-bail reports. The court also considered that the pre-bail reports downplayed the concerns of the victim's family, whose views must be taken into account under the Victims Protection...
Court Disposition
bail denied; trial to be fast-tracked
Orders
- Bail is denied for all accused persons.
- The Deputy Registrar shall grant a hearing date on priority.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO. 14 OF 2019
REPUBLIC....................................................................................................PROSECUTOR
VERSUS
PAUL NDUNG’U KAHIRA..........................................................................1ST ACCUSED
JOSPHAT NG’ANG’A MURATHA.............................................................2ND ACCUSED
MOSES EBONGON LOKADEL..................................................................3RD ACCUSED
GEORGE MUSYIMI KALUKU...................................................................4TH ACCUSED
MARANGA JOEL STEVES.........................................................................5TH ACCUSED
RULING
1. All the accused pray for bail pending trial.
2. There are five pre-bail reports in respect of each accused person filed on 23rd July 2019 recommending that they all be granted bond.
3. The application is not contested by the Republic.
4. The accused is deemed innocent. Under Article 49 (1) (h) of the Constitution, he is entitled to bail pending trial unless there are compelling circumstances.
5. The overarching objective of bail is to ensure the accused attends his trial. Muraguri v Republic [1989] KLR 181.
6. Other relevant considerations include the nature of the charge; the likely sentence; previous criminal records, the views of the family of the victim, the possibility of interference with witnesses; the temptation to abscond; and, the safety of the accused.
7. The accused face a grave charge of murder. The Director of Public Prosecutions informs the High Court that on the night of 20th and 21st April 2019 at Delmonte Farm in Gatanga Sub-County within Murang’a County, the accused jointly with others not before the court, murdered Bernard Murigi Wanginye alias Wamau.
8. I have taken into account that the probation service recommends their release on bond. But from the part of the charge that I have highlighted above, it is obvious that other suspects are at large. From the committal bundle filed in court, the accused are all employed as guards at the farm. The deceased is alleged to have been in a group of about fourty persons who attempted to steal pineapples from the farm. They were cornered or attacked by the guards.
9. There are two other concerns. The first relates to security. In two of the pre-bail reports on the 1st and 2nd accused prepared by Mr. Irungu, it is stated-
“The local administration indicated that after the incident members of the local community from the deceased [sic] community staged a demonstration against the Delmonte Farm and some farm property was destroyed. The situation was calmed by the police and local administration”.
10. Secondly, all the pre-bail reports tend to down play the concerns of the victim’s family. The Victims Protection Act 2014 requires the views of victim’s family to be taken into account at this stage. The father of the deceased, Gilbert Wanginyi, has expressed anguish at the loss of his young son. He does not know any the accused or the persons who killed his son. I appreciate his bitterness and angst for the death of his son.
11. For all of those reasons bail is denied. In the interests of justice I direct that the trial be fast-tracked. The Deputy Registrar shall grant a hearing date on priority.
It is so ordered.
DATED, SIGNEDandDELIVEREDatMURANG’Athis 25th day of July 2019.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Accused.
Ms. Gichuru for the Republic.
Ms. Dorcas and Ms. Elizabeth, Court Clerks.