[2016] KEHC 2218 (KLR)
The court found that, despite the probation officer's concerns regarding the accused's disintegrated family and lack of willing sureties, there was no evidence that the accused was a flight risk or had negative antecedents. The prosecution did not demonstrate any likelihood of witness interference. The court...
Source-derived case information.
- Citation
- [2016] KEHC 2218 (KLR)
- Parties
- Respondent: Republic; Applicant: Samuel Miriti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Application for bond granted.
- Judges
- RPV Wendoh
- Legal Topics
- Bail Application, Right to Bond, Presumption of Innocence, Flight Risk, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Samuel Miriti
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial.
- 2 Whether the accused poses a flight risk or is likely to interfere with witnesses.
- 3 Whether the disintegration of the accused's family affects suitability for bail.
Ratio Decidendi
The court found that, despite the probation officer's concerns regarding the accused's disintegrated family and lack of willing sureties, there was no evidence that the accused was a flight risk or had negative antecedents. The prosecution did not demonstrate any likelihood of witness interference. The court acknowledged the deceased family's distress but emphasized the constitutional presumption of innocence and the right to bail. The absence of compelling reasons to deny bail led the court to grant the accused bond, subject to specified terms.
Court Disposition
Application for bond granted.
Orders
- The accused may be released on bond of KShs.200,000 plus one surety of like sum or cash bail of KShs.70,000.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 24 OF 2016
REPUBLIC......................................................... PROSECUTOR
VERSUS
SAMUEL MIRITI ....................................................... ACCUSED
RULING
Samuel Miriti is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. By a Notice of Motion dated 7/9/2016, the accused seeks to be released on bond for reason that he has a Constitutional right to bond, because he is presumed innocent until proved guilty; that he is willing to comply by any conditions that the court may impose; that he is not a flight risk as he has a fixed abode and will attend court as will be required of him. He has sworn an affidavit in support of the application.
The State did not oppose the application but the court went ahead and called for a pre-bail report. The probation officer did not find the accused suitable for release on bond for reasons that his family is totally disintegrated. None of his siblings is willing to stand surety for him because of a land dispute amongst his siblings. His children have all gone away from home, others had dropped out of school and lastly that the deceased’s family has not yet come to terms with their loss since the incident only took place in April this year.
I have considered the affidavit and the pre-bail report. The main consideration in an application for bond is whether the accused will turn up for his trial.
As to whether the accused will interfere with witnesses, the duty rests on the prosecution to prove that allegation which has not been done..
The deceased’s family is said to be still bitter over the loss of their loved one. Whereas I sympathize with their loss, yet the accused is deemed to be innocent till proved guilty. It is about 6 months since the incident occurred and there has been no demonstration of any danger to the acused’s life. In most cases, the deceased’s family will never be at peace with an accused being released on bond.
Apart from the allegation that the accused’s family is disintegrated, there is no evidence that he is a flight risk nor is there evidence of his past antecedents. For the above reasons, I grant accused bond in the following terms: He may be released on bond of KShs.200,000/= plus one surety of like sum or cash bail of Kshs.70,000/=.
DATED, SIGNED AND DELIVERED THIS 12TH DAY OF OCTOBER, 2016.
R.P.V. WENDOH
JUDGE
12/10/2016
PRESENT
Mr. Mulochi for State
Ms. Thibaru Holding Brief for Ms. Nelima for Accused
Ibrahim/Peninah, Court Assistants
Present, Accused