[2021] KEHC 1152 (KLR)
The court found that the circumstances that led to the initial denial of bail had not changed. The pre-bail reports indicated ongoing palpable anger at the scene of the alleged crime, with the public having previously torched the accused's houses. The court determined that the safety of the accused could not be...
Source-derived case information.
- Citation
- [2021] KEHC 1152 (KLR)
- Parties
- Applicant: Republic; Respondent: Peter Muiruri Kibande; Respondent: Patrick Kamondo Muiruri; Respondent: Samuel Mburu Muiruri
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application (review) Pending Trial
- Outcome
- application for bail pending trial dismissed
- Judges
- K Kimondo
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Right to Bail, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Muiruri Kibande
Respondent
Patrick Kamondo Muiruri
Respondent
Samuel Mburu Muiruri
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application (review) Pending Trial
Legal Issues
- 1 Whether the accused persons should be admitted to bail pending trial.
- 2 Whether there are compelling reasons to deny bail under the Constitution.
- 3 Whether the safety of the accused can be guaranteed if released on bail.
Ratio Decidendi
The court found that the circumstances that led to the initial denial of bail had not changed. The pre-bail reports indicated ongoing palpable anger at the scene of the alleged crime, with the public having previously torched the accused's houses. The court determined that the safety of the accused could not be guaranteed if they were released. No new evidence was presented to show that the situation had improved. Therefore, the original reasons for denial of bail remained valid, and the application for bail pending trial was dismissed.
Court Disposition
application for bail pending trial dismissed
Orders
- The application by the accused dated 29th September 2021 is dismissed.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO. 7 OF 2020
REPUBLIC..............................................................................................PROSECUTOR
VERSUS
PETER MUIRURI KIBANDE...............................................................1ST ACCUSED
PATRICK KAMONDO MUIRURI.......................................................2ND ACCUSED
SAMUEL MBURU MUIRURI...............................................................3RD ACCUSED
RULING NO. 2
1. In a considered ruling delivered on 30th July 2020, the Court declined to release the accused persons on bail. Their previous counsel on record, Mr. Waweru, lodged a motion for reviewon 10th November 2020 but failed to fix it for hearing.
2. The accused later instructed new counsel, Mr. Njoroge, who has filed a fresh notice of motion praying that the accused be admitted to bail pending trial. It is supported by a deposition sworn by the advocate on even date.
3. The motion was argued on 6th December 2021. It was opposed by the Republic through a replying affidavit sworn by Police Constable Samuel Kainga on 2nd November 2021.
4. The instant motion is thus a plea for review of the earlier orders. In the meantime, the trial commenced and four state witnesses have testified.
5. The centerpiece of the application is that there are no compelling reasons to hold the accused in custody. Learned counsel has pleaded that the accused have a constitutional right to bail; and, that they will abide by any conditions set by the court.
6. The 1st accused is the father to the 2nd and 3rd accused. According to the replying affidavit sworn by Police Constable Samuel Kainga, two other suspects remain at large. One of them jumped bail in an unrelated charge before the lower court at Kigumo law Courts.
7. Whether or not the charge of murder will be made out is still too early to call. The accused persons are deemed to be innocent. I have paid heed to the original pre-bail reports dated 17th July 2020 in respect of each of the accused persons. The social reports indicated that there was palpable anger at the locus in quo. The irate public torched the houses of the accused. The safety of the accused can still not be guaranteed. I find that that there is no fresh evidence in the present motion showing that the ground has shifted. Accordingly, the original reasons for denial of bail remain valid.
8. The upshot is that the application by the accused dated 29th September 2021 is dismissed.
It is so ordered.
DATED, SIGNED AND DELIVERED AT MURANG’A THIS 14TH DAY OF DECEMBER 2021.
KANYI KIMONDO
JUDGE
RULING READ IN OPEN COURT IN THE PRESENCE OF-
THE ACCUSED PERSONS.
MR. T. M. NJOROGE FOR THE ACCUSED.
MS. MURIU FOR THE REPUBLIC.
MS. DORCAS WAICHUHI & MS. SUSAN WAIGANJO, COURT ASSISTANTS.