[2018] KEHC 7951 (KLR)
The court found that the accused, Samuel M’Nabea, was unsuitable for release on bond due to being a flight risk, as evidenced by his disappearance after the offence and resurfacing months later. The pre-bail report further indicated a past criminal record involving robbery and murder. Additionally, there were...
Source-derived case information.
- Citation
- [2018] KEHC 7951 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel M’Nabea
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Judgment Date
- 22 February 2018
- Case Number
- Criminal Case 62 of 2017
- Procedural Posture
- Criminal Case / Ruling on Bond
- Outcome
- Bond denied; accused to remain in custody pending trial.
- Legal Topics
- Murder Charge, Bail and Bond, Flight Risk, Pre Bail Report
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel M’Nabea
Defendant
Procedural Posture
Criminal Case / Ruling on Bond
Legal Issues
- 1 Whether the accused should be granted bond pending trial for the offence of murder.
- 2 Whether the accused poses a flight risk or threat to public safety if released on bond.
Ratio Decidendi
The court found that the accused, Samuel M’Nabea, was unsuitable for release on bond due to being a flight risk, as evidenced by his disappearance after the offence and resurfacing months later. The pre-bail report further indicated a past criminal record involving robbery and murder. Additionally, there were credible threats from the deceased's family to avenge the death if the accused was released, raising concerns for both the accused's safety and public order. Considering these compelling reasons, the court declined to grant bond and ordered that the accused remain in custody pending trial, with an undertaking to expedite the proceedings to avoid prolonged incarceration.
Court Disposition
Bond denied; accused to remain in custody pending trial.
Orders
- The accused Samuel M’Nabea shall remain in custody while facing trial for murder.
- The court will expedite the trial to avoid prolonged incarceration of the accused.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO.62 OF 2017
REPUBLIC ........................... PROSECUTION
VS
SAMUEL M’NABEA..................... ACCUSED
RULING ON BOND
The accused herein Samuel M’Nabea faces a change of Murder contrary to Section 203 as read with section 204 of the penal code, particulars of the offence are that on the 27th May 2017, at Miuine Village Antuambui Sub-location location in Igembe North S/County within Meru County jointly with Timothy Michubu M’Mwira accused in CR. CC.No. 42 of 2017 murdered Elijah Michubu.
This court called for accused persons Pre-bail Report and same was filed on 13th September 2017. The Pre-bail Report is detailed and finds accused unsuitable specifically because upon the offence herein being committed he went underground and only resurfaced months later and as such is a flight risk. The report also reveals that the accused has past criminal record where he is suspected of having committed robbery and killed his victims in 2 instances by waylaying them.
In consideration of the fact that it has been pointed out accused is a flight risk and in consideration of the threats by the deceased persons family members to avenge the death of their kin if accused Samuel M’Nabea is released this court declines to grant him bond and like his co-accused he will remain in custody while facing trial. This court will endeavour to expedite the trial putting into consideration its workload to avoid accused person long incarceration.
HON. A.ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON
22ND FEBRUARY 2018.
In the presence of:
Accused: A1 – Present in person
A2 – Present in person
State: Mrs Mwathi for state. Hearing 4. 7.2018 – Notice to defence counsels by DR
HON. A.ONG’INJO
JUDGE