[2015] KEHC 3916 (KLR)
The court found that although the accused has a constitutional right to bail, the right is not absolute. The prebail report indicated that the victim was the accused's nephew, the accused lived at her parent's home, and the dispute arose from a land issue. Emotions in the community remained high, and the accused's...
Source-derived case information.
- Citation
- [2015] KEHC 3916 (KLR)
- Parties
- Applicant: Republic; Respondent: Pisiliana Ciambuba Gitari
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2014
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- application for bail declined
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge, Constitutional Rights, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Pisiliana Ciambuba Gitari
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny bail to the accused in a murder case.
- 3 Whether the accused's release would pose a risk to her security or the integrity of the trial.
Ratio Decidendi
The court found that although the accused has a constitutional right to bail, the right is not absolute. The prebail report indicated that the victim was the accused's nephew, the accused lived at her parent's home, and the dispute arose from a land issue. Emotions in the community remained high, and the accused's life would be in danger if released. Additionally, she would have nowhere to go if released at this stage. These factors constituted compelling reasons to deny bail at this time, though the application could be revisited after some time when emotions have subsided.
Court Disposition
application for bail declined
Orders
- The application for bail is declined.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN HIGH COURT OF KENYA AT MERU
HCR 1 OF 2015
REPUBLIC ……………….…………………………. PROSECUTOR
VRS
PISILIANA CIAMBUBA GITARI ………………….…… ACCUSED
R U L I N G
Pisiliana Ciambuba Gitari is facing a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. By a Notice of Motion dated 17/2/2015, she prays to be released on bond/bail pending the hearing and determination of the case. The grounds upon which the application is premised are that she has been in custody since her arrest on 19/12/2014; that she is aged 65 years old and she has been advised that she has a constitutional right to be released on bond on reasonable terms; that she suffers from blood pressure; she is willing to attend court as will be required of her by the court and that this case is likely to take long to hear which will prejudice her rights to an expeditious hearing.
The application was opposed through an affidavit sworn by CPL Silas Karinga, the Investigating Officer in the matter who deposed that the accused will interfere with witnesses who are her relatives; that there are high chances that she will abscond because of the severity of the likely sentence and that the murder having been committed recently, there is likelihood of a revenge attack on the accused.
The court called for a prebail report which it has considered alongside the affidavits filed herein. Although the right to bond is guaranteed under Article 49 (1) (h) of the constitution, the said right is not absolute. The court will consider whether there are compelling reason to deny the bond.
Before granting bond, the court has to consider, first, whether the accused will show up for her trial; whether she will interfere with witnesses; whether her security is guaranteed and the antecedents and previous character of the accused.
In the instant case, the victim of the murder is the nephew of the accused as disclosed from the prebail report. Accused is said to have been living at her parent’s home having separated from her husband many years ago and the dispute arose out of land. According to the report, the emotions on the ground are still high and her life is likely to be in danger if released. This report was obtained from the local administration and interview of the relatives. Besides, she will have nowhere to go even if released at this stage. For that reason alone, I find that there are compelling reasons to deny accused bond at this stage. May be the application mayberevisited later after passage of some time when emotions have subsided and the relatives have come to terms with the death.
Application is therefore declined.
DATED, SIGNED AND DELIVERED THIS 26TH DAY OF JUNE, 2015
R.P.V. WENDOH
JUDGE
PRESENT
Mr. Mungai for State
Mr. Wamache Holding Brief for Mr. Omari
Accused, Present
Faith/Ibrahim, Court Assistant