[2013] KEHC 4411 (KLR)
The court found that the 1st accused's life would be at risk if released on bond, as evidenced by the pre-bond report indicating hostility from the community, including the burning of his house and displacement of his family. The court determined that these circumstances constitute compelling reasons to temporarily...
Source-derived case information.
- Citation
- [2013] KEHC 4411 (KLR)
- Parties
- Applicant: Republic; Defendant: Rowland Bernard Kariuki; Defendant: Justine Mbogo Njiru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Murder Case 4 of 2012
- Procedural Posture
- Murder Case / Ruling on Bond Application
- Outcome
- Bond denied for 1st accused; bond granted for 2nd accused.
- Legal Topics
- Bail and Bond, Pretrial Detention, Community Safety
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Rowland Bernard Kariuki
Defendant
Justine Mbogo Njiru
Defendant
Procedural Posture
Murder Case / Ruling on Bond Application
Legal Issues
- 1 Whether the 1st accused should be granted bail in light of threats to his safety from the community.
- 2 Whether the 2nd accused should be released on bond.
Ratio Decidendi
The court found that the 1st accused's life would be at risk if released on bond, as evidenced by the pre-bond report indicating hostility from the community, including the burning of his house and displacement of his family. The court determined that these circumstances constitute compelling reasons to temporarily deny bail to the 1st accused, with the possibility of review after six months. In contrast, there were no adverse findings or objections regarding the 2nd accused, and thus he was granted bond with a surety.
Court Disposition
Bond denied for 1st accused; bond granted for 2nd accused.
Orders
- Bond application for 1st accused is temporarily declined; application may be renewed after six months.
- District Probation Officer to file a new report on 1st accused after six months.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Embu
Murder Case 4 of 2012 [if gte mso 9]><xml>
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REPUBLIC..........................................................PROSECUTION
VERSUS
ROWLAND BERNARD KARIUKI.............................1ST ACCUSED
JUSTINE MBOGO NJIRU........................................2ND ACCUSED
R U L I N G
The accused persons through their advocates applied for bond orally before this Court. Therefore there is no affidavit from any of the accused persons filed herein. The State through the investigating officer filed a replying affidavit opposing the release of 1st accused on bond. He states that 1st accused's life is in danger as the members of the public are baying for his blood.
The Court called for pre-bond reports on both accused persons which reports were filed by Mr. Masavi the District Probation Officer. In his report on 1st accused he clearly states that after interviewing members of the community he found that they were not ready to receive the 1st accused back just now. And that they had burnt his house and chased away his wife and children. This is a threatening scenario and it would not be safe to release 1st accused into the hands of people waiting to harm him. In the circumstances, I would temporarily decline to grant bail to the 1st accused. The application to be renewed after 6 months when we expect things to have cooled down. The District Probation Officer is therefore called upon to do another report after 6 months.
There are no issues touching on 2nd accused. He will be released on a bond of Shs.200,000/= with a surety in similar sum.
ADELIVERED, SIGNED AND DATED AT EMBU THIS 27TH DAY OF FEBRUARY, 2013.
H.I. ONG’UDI
JUDGE
In the presence of:-
Ms. Macharia for State
Mr. Ithiga for 2nd Accused
Njue CC
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