[2013] KEHC 2957 (KLR)
The court considered the Pre Bail Reports, which indicated that the accused persons are well known, do not appear to be a flight risk, and are not likely to pose danger to anyone. Although two of the accused do not have a fixed place of abode due to casual work, there was no compelling evidence to deny bail. The...
Source-derived case information.
- Citation
- [2013] KEHC 2957 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Mwendia Mugiira; Defendant: David Mwiti Mugiira; Defendant: Silas Kirimi Kaburu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 60 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted with conditions
- Judges
- JW Lessit
- Legal Topics
- Bail Pending Trial, Pre Bail Reports, Flight Risk Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Mwendia Mugiira
Defendant
David Mwiti Mugiira
Defendant
Silas Kirimi Kaburu
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial.
- 2 Whether the accused persons pose a flight risk or danger to the public.
Ratio Decidendi
The court considered the Pre Bail Reports, which indicated that the accused persons are well known, do not appear to be a flight risk, and are not likely to pose danger to anyone. Although two of the accused do not have a fixed place of abode due to casual work, there was no compelling evidence to deny bail. The Probation Officer did not make a recommendation for or against bail. The State did not oppose the application. On balance, the court found no compelling reason to deny bail and granted bond with specified terms to ensure the accused persons' attendance at trial.
Court Disposition
bail granted with conditions
Orders
- Each accused to sign a personal bond of KShs. 200,000.
- Each accused to provide one surety of KShs. 2,000,000.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 60 OF 2012
REPUBLIC …………………………………………………………………………PROSECUTION
VRS
SAMUEL MWENDIA MUGIIRA …………………………………………1ST ACCUSED
DAVID MWITI MUGIIRA ………………………………………………….2ND ACCUSED
SILAS KIRIMI KABURU ………………………………………………………3RD ACCUSED
R U L I N G
The accused persons have all sought to be released on bail pending their trial before this court.
The application was actually not urged because on the day Mr. Otieno, Advocate for the accused persons should have been heard, the accused persons were not produced in court.
Mr. Makori learned State counsel had occasion to address the court and his submission was that he had not received a response from the DCIO and therefore he did not oppose the application for bail by the accused person.
There are Pre Bail Reports filed by the Probation on the court’s request. These reports on each accused are somewhat similar. In these Reports it is well demonstrated that two of the accused persons are step brothers of the deceased and one of them is a cousin. There appears to have been a long standing dispute in the family.
The Probation Officer is however non committal declining to give any recommendation on the matter. Taking all these issues in the Reports into consideration I have come to the conclusion
The accused persons are well known
The two brothers do not seem to have a fixed place of abode as they do casual work away from home
The accused do not seem to be a flight risk or likely to pose danger to anyone.
In circumstances I will grant them bond on the following terms:-
Each accused will sign a personal bond in the sum of KShs.200,000=
Each accused will provide one surety each in the sum of KShs.2,000,000/= (2 million)
They will come to court for fixing of hearing dates on 11th November, 2013.
DATED AND DELIVERED ON OPEN COURT ON 15TH JULY 2013.
J. LESIIT
JUDGE