[2020] KEHC 7913 (KLR)
The court found that the accused, having fled the scene immediately after the alleged offence and having been arrested far from the crime scene over a year later, is a clear flight risk. Additionally, the accused's close relationship to the key witnesses (the deceased's mother and sister) presents a strong...
Source-derived case information.
- Citation
- [2020] KEHC 7913 (KLR)
- Parties
- Applicant: Republic; Respondent: Richard Mithika Karume
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail Pending Trial
- Outcome
- Bail denied. Accused to remain in custody pending trial.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Flight Risk, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Richard Mithika Karume
Respondent
Procedural Posture
Criminal Case / 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 exist compelling reasons to deny the accused bail, specifically flight risk and likelihood of witness interference.
Ratio Decidendi
The court found that the accused, having fled the scene immediately after the alleged offence and having been arrested far from the crime scene over a year later, is a clear flight risk. Additionally, the accused's close relationship to the key witnesses (the deceased's mother and sister) presents a strong likelihood of interference with witnesses. These two factors constitute compelling reasons under Article 49(1)(h) of the Constitution to deny bail. The court emphasized that the right to bail is not absolute and may be curtailed where the prosecution demonstrates compelling reasons, which was satisfied on the balance of probabilities in this case.
Court Disposition
Bail denied. Accused to remain in custody pending trial.
Orders
- The accused is denied bail.
- The accused shall remain in custody for the duration of his trial.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO.19 OF 2019
REPUBLIC..................................................PROSECUTOR
VERSUS
RICHARD MITHIKA KARUME....................ACCUSED
RULING ON BAIL
1. The Accused in this case, RICHARD MITHIKA KARUME, is charged with murder contrary to sections 203 and 204 of the Penal Code. It is alleged in the information dated 22/10/2019 that on 28/06/2018 at Kibunja Market, Kiburaini Location in Kieni-East Sub-county of Nyeri County, he murdered one STEPHEN KINGANGI.
2. On 30/10/2019 the Accused pleaded not guilty to the charge. Hearing of the case was scheduled to commence on 19/02/2020 but did not as the Accused was not produced in court. Another hearing date will be given upon delivery of this ruling.
3. In the meantime the Accused has asserted his constitutional right to bail pending trail. The Republic has opposed by an affidavit sworn by the investigating officer of the case filed in court on 15/11/2019. The Accused responded by a replying affidavit on 27/11/2019.
4. Bail pending trial is now a constitutional right for all criminal offences. It can be denied only for compelling reason; and any condition that the court might impose for such bail, again by constitutional edict, must be reasonable. For all this see Article 49(1)(h) of the Constitution of Kenya, 2010.
5. I have read the two affidavits, one opposing bail and the other by the Accused asserting his right to bail. I have also perused the witness statements and documentary evidence supplied by the prosecution to the Accused and to court. I have noted the circumstances of the commission of the alleged offence and the aftermath, without compromising upon the Accused person’s right to the presumption of innocence until proven guilty.
6. The Deceased was the Accused person’s step-son as his (Deceased’s) mother was the Accused’s common law wife. The mother is one of the key witnesses. The other key witness is the Accused’s step-daughter who is the elder sister of the Deceased.
7. The Accused was arrested more than a year after the alleged offence was committed. He was arrested far away in Narok Town, hundreds of kilometers from the scene of crime. It appears that immediately after the offence was committed the Accused fled the area and changed his mobile phone sim card. He was traced with the help of the mobile services provider, Safaricom Ltd.
8. In these circumstances, I am satisfied on a balance of probabilities that the Republic has proved the following two compelling reasons sufficient to deny the Accused bail –
a) He is clearly a flight risk.
b) There is a strong likelihood of interfering with at least two of the main witnesses (that is the mother and the elder sister of the Deceased) given his relationship to them.
9. In the result the Accused is hereby denied bail. He shall remain in custody for the duration of his trial. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 26TH DAY OF FEBRUARY 2020
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 27TH DAY OF FEBRUARY, 2020