[2017] KEHC 1910 (KLR)
The court found that, although bail is a constitutional right, the pre-bail report revealed that the accused and the deceased were twin brothers and that the family, who reside together with the accused, expressed fear of interference. The court determined that these facts constituted exceptional circumstances...
Source-derived case information.
- Citation
- [2017] KEHC 1910 (KLR)
- Parties
- Applicant: Republic; Defendant: Richard Karuma Baikende
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 65 of 2017
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail denied
- Judges
- A Mabeya
- Legal Topics
- Bail Application, Exceptional Circumstances, Pre Bail Report, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Richard Karuma Baikende
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail as a constitutional right in the circumstances of the case.
- 2 Whether there exist exceptional circumstances justifying denial of bail to the accused.
Ratio Decidendi
The court found that, although bail is a constitutional right, the pre-bail report revealed that the accused and the deceased were twin brothers and that the family, who reside together with the accused, expressed fear of interference. The court determined that these facts constituted exceptional circumstances justifying denial of bail at this stage. The application for bail was therefore denied, with liberty to review after close relatives have testified.
Court Disposition
bail denied
Orders
- The application for bail is denied.
- The accused may review the application after close relatives have testified.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 65 OF 2017
REPUBLIC........................................PROSECUTOR
VERSUS
RICHARD KARUMA BAIKENDE............ACCUSED
R U L I N G
1. The accused has applied for bond. Bond is a Constitutional right to every accused person unless there are exceptional circumstances. These include, the likelihood of the accused not attending his trial for any reason, possible interference with witnesses or repeat of similar offence.
2. I have considered the pre-bail report on record. The same indicates that the deceased was the accused’s twin brother. The family is not ready to receive him back at the moment. They express the fear of being interfered with by the Accused as they reside together.
3. In the circumstances, I hold the view that there are exceptional circumstances that warrant the denial of bail to the accused.
4. Accordingly, the Application is denied but he may review the same after the close relatives have testified.
Mention on 24/01/2018 to fix the date for trial. Defence Counsel be notified.
DATEDand DELIVERED at Meru this 9th day of November, 2017.
A. MABEYA
JUDGE
09/11/2017