[2018] KEHC 8281 (KLR)
The court found that the pre-bail report established compelling reasons to deny bail, specifically the risk of harm to the accused from her own family, who were still mourning and bitter over the alleged murder. The court determined that the accused's safety could not be guaranteed if she were released at this...
Source-derived case information.
- Citation
- [2018] KEHC 8281 (KLR)
- Parties
- Applicant: Republic; Defendant: Priscilla Wanja
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Judgment Date
- 20 February 2018
- Case Number
- Criminal Case 85 of 2017
- Procedural Posture
- Criminal Law / Bail Application Ruling
- Outcome
- Bail denied; accused to remain in custody pending trial.
- Legal Topics
- Bail Application, Murder Charge, Pretrial Detention
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Priscilla Wanja
Defendant
Procedural Posture
Criminal Law / Bail Application Ruling
Legal Issues
- 1 Whether the accused should be released on bail pending trial.
- 2 Whether there is a risk to the accused's safety if released on bail.
Ratio Decidendi
The court found that the pre-bail report established compelling reasons to deny bail, specifically the risk of harm to the accused from her own family, who were still mourning and bitter over the alleged murder. The court determined that the accused's safety could not be guaranteed if she were released at this stage. Consequently, the accused was ordered to remain in custody pending trial, with liberty to renew her bail application six months after the first hearing.
Court Disposition
Bail denied; accused to remain in custody pending trial.
Orders
- The accused shall remain in custody pending trial.
- The accused may renew her bail application six months after the first hearing.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT KENYA AT MERU
CRIMINAL NO. 85 OF 2017
REPUBLIC.............................PROSECUTOR
VS
PRISCILLA WANJA.....................ACCUSED
RULING
The accused Priscilla Wanja was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal code cap 63 Laws of Kenya.
Particulars are that on the 10th October 2017 at Maitei village, Maitei Location in Buuri Sub County within Meru County. Murdered Alice Mwari Mwirigi.
Pre-bail Report was called for and the Probation officer found she is unsuitable to be released on bail at the moment for fear of being harmed by members of her family including her husband and children as they are still bitter and still in mourning.
In the circumstances the accused person will remain in custody pending trial. She may renew her application 6 months after the 1st hearing. Orders accordingly.
HON A.ONG’INJO
JUDGE
20. 2.2018
Before Adwera Ong’injo J
Penina –Ct Assistant
Mrs Mwathi for state Mr Ashaba Advocate holding brief for Mutuma J. Advocate for accused.
Accused – Present in person.
Court
Ruling delivered, dated and signed in court.
Hearing 24. 10. 2018
HON A.ONG’INJO
JUDGE
Accused
I would want to change my plea to guilty.
Mr Ashaba Advocate
It appears she wants to plead to the charges. I can inform Mutuma to talk to her and possibly have a plea agreement.
Order: Mention 20. 3.2018
For plea agreement if not reached. Hearing 24. 10. 2018.
HON A.ONG’INJO
JUDGE