[2016] KEHC 1364 (KLR)
The court found that there were no compelling reasons to deny the accused bail. The accused was not considered a flight risk, had a fixed abode, and her community and local administration did not object to her release. The opposition from the deceased's relatives, while understandable due to their grief, did not...
Source-derived case information.
- Citation
- [2016] KEHC 1364 (KLR)
- Parties
- Respondent: Republic; Applicant: Peninah Karuki; Defendant: Olive Makena
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 43 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- application for bond granted
- Judges
- RPV Wendoh
- Legal Topics
- Bail and Bond, Murder Charge, Compelling Reasons, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Peninah Karuki
Applicant
Olive Makena
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the accused bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bail. The accused was not considered a flight risk, had a fixed abode, and her community and local administration did not object to her release. The opposition from the deceased's relatives, while understandable due to their grief, did not amount to a compelling reason under the law. The court also noted that the co-accused, a minor daughter, had already been released on bond without incident. Therefore, the application for bond was granted, subject to the accused providing a bond of KShs.200,000 with one surety of like sum or a cash bail of KSh.50,000.
Court Disposition
application for bond granted
Orders
- The accused may be released on bond of KShs.200,000 plus one surety of like sum or cash bail of KSh.50,000.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 43 OF 2016
REPUBLIC .......................................................... PROSECUTOR
VERSUS
PENINAH KARUKI .............................................. 1ST ACCUSED
OLIVE MAKENA .................................................. 2ND ACCUSED
RULING
Peninah Karukifaces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
By an application dated 18/8/2016, she seeks to be released on bond. She has deponed that the offence is bailable under Article 49 (1) (h) of the Constitution; that she is presumed innocent till proved guilty, and there are no known compelling reasons to warrant her to be denied bond; that she has a fixed abode and is ready to attend court as may be required of her; and that she is not a flight risk.
The court called for a pre-bail report which I have considered. The murder took place in July, 2016. The social enquiry report indicates that the deceased’s relatives are still very grieved, the event being recent and are not for the release of the accused person on bond. The deceased’s relatives’ reaction is understandable, having lost their loved one only about 3 months ago. The murder is still very fresh in their minds.
On the other hand, the accused’s family and community, including the local administration do not object to the accused being released on bond and that she is not a flight risk. The accused is said to be 64 years old, has a mentally challenged child whom she takes care of and is unlikely to be a flight risk. It is also unlikely that there will be any threat to her security because the co-accused, her minor daughter was released on bond and there has been no threat to her life.
Having considered all the above, I find that there is no compelling reason to deny the accused release on bond. The application for bond is granted. The accused may be released on bond of KShs.200,000/= plus one surety of like sum or cash bail of KSh.50,000/=.
DATED, SIGNED AND DELIVERED THIS 10TH DAY OF OCTOBER, 2016.
R.P.V. WENDOH
JUDGE
10/11/2016
PRESENT:
Mr. Mulochi for State
Mr. Muthomi for Accused
Ibrhaim, Court Assistant
Present, Accused