[2020] KEHC 8044 (KLR)
The court found that the accused is entitled to bail as a constitutional right, and no compelling reasons were presented to deny bail. However, due to the demonstrated hostility from the community and the victim's family residing in the area where the offence occurred, the court imposed conditions to ensure the...
Source-derived case information.
- Citation
- [2020] KEHC 8044 (KLR)
- Parties
- Applicant: Republic; Defendant: Samson Shiruri Khasavuli
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 33 of 2017
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted with conditions
- Judges
- NA Matheka
- Legal Topics
- Murder Charge, Bail Application, Pre Bail Report, Community Hostility, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samson Shiruri Khasavuli
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether the circumstances of community hostility and victim's family views affect the grant of bail.
- 3 What conditions, if any, should be attached to the grant of bail.
Ratio Decidendi
The court found that the accused is entitled to bail as a constitutional right, and no compelling reasons were presented to deny bail. However, due to the demonstrated hostility from the community and the victim's family residing in the area where the offence occurred, the court imposed conditions to ensure the safety of the accused and to maintain public order. The accused was granted bond with a surety, and a requirement to stay away from the Mzee Wanyama Trading Centre area was imposed pending the hearing and determination of the case or further court orders.
Court Disposition
bail granted with conditions
Orders
- The accused is admitted to bond of Kshs. 300,000 with a surety of similar amount.
- The surety must be approved by the Deputy Registrar.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NUMBER 33 OF 2017
REPUBLIC......................................................PROSECUTOR
VERSUS
SAMSON SHIRURI KHASAVULI........................ACCUSED
R U L I N G
The accused person was charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code.
It is alleged that on 2nd July, 2017 at Mzee Wanyama Trading Centre Estate in Nakuru East Sub-County within Nakuru County he murdered Margaret Mbaire Kamau. He pleaded not guilty and as per Article 49(1) (b) of the Constitutionhe is entitled to bond. I requested for a Pre-bail report which was filed on 30th January, 2020. It took into consideration the family background, the views of the community and the victim’s family.
It is apparent from the report that the accused would not be welcome in the Mzee Wanyama Trading Centre Estate community, as that is where the offence happened and the community is hostile. In addition the family of the victim who are residents in that are still bitter and hostile towards the accused person. The family of the accused are willing to stand surety for him should he be granted bond. They have identified a relative who lives in Nairobi who can accommodate him away from the hostilities of the place where the incident happened, this is good as they have expressed sensitivity towards the victim’s family even their son is innocent until proven guilty. The accused is admitted to bond of Kshs. 300,000/= with surety of similar amount. The surety to be approved by the Deputy Registrar.
The accused to stay away from Mzee Wanyama Trading Centre Nakuru East Sub-County pending the hearing and determination of this case or further orders of this court.
Dated, delivered and signed at Nakuru this 24th day of February, 2020.
Mumbua T. Matheka
Judge