[2015] KEHC 170 (KLR)
The court found that there were no compelling reasons to deny the 4th accused bond. The pre-bail report was favourable, indicating the accused had a fixed abode, was of good character, and the community was not generally hostile to his release. The prosecution did not object to the bond application. Therefore, the...
Source-derived case information.
- Citation
- [2015] KEHC 170 (KLR)
- Parties
- Applicant: Republic; Respondent: Rodgers Gitonga Kinyua; Respondent: Samwel Mwangi Kihara; Respondent: Samwel Mwiti Ikaba; Respondent: Linus Mutiso Kalunge
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 90 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bond granted to the 4th accused pending trial.
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Trial, Murder Charge, Pre Bail Report, Compelling Reasons, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Rodgers Gitonga Kinyua
Respondent
Samwel Mwangi Kihara
Respondent
Samwel Mwiti Ikaba
Respondent
Linus Mutiso Kalunge
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the 4th accused should be granted bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the 4th accused bond.
Ratio Decidendi
The court found that there were no compelling reasons to deny the 4th accused bond. The pre-bail report was favourable, indicating the accused had a fixed abode, was of good character, and the community was not generally hostile to his release. The prosecution did not object to the bond application. Therefore, the accused was entitled to be released on bond pending trial, subject to conditions to ensure attendance and non-interference with witnesses.
Court Disposition
Bond granted to the 4th accused pending trial.
Orders
- The 4th accused may be released on his own bond of KShs.250,000 plus one surety of like sum.
- The accused must attend court as required.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 90 OF 2014
REPUBLIC.........................................................................................................PROSECUTOR
V E R S U S
SAMWEL MWANGI KIHARA ......................................................................... 1ST ACCUSED
SAMWEL MWITI IKABA ................................................................................ 2ND ACCUSED
LINUS MUTISO KALUNGE ............................................................................ 3RD ACCUSED
ROGERS GITONGA KINYUA ......…….............................................................4TH ACCUSED
RULING
Rodgers Gitonga Kinyua is jointly charged with three others for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. By an application dated 4/11/2015, he seeks to be released on bond pending the hearing of this case. The other three were already granted bond because the prosecution did not object to their release.
Similarly, in this case there was no objection to accused’s release on bond. The court called for a pre-bail report and the same is favourable to his release. Accused 4 is said to have a fixed abode, is generally of good character and apart from one brother of the deceased, the community is not hostile towards his release. There being no compelling reason to deny the accused person bond, I hereby grant him bond on the following terms:
Accused may be released on his own bond of KShs.250,000/= plus one surety of like sum. He is warned that he must attend court as will be required of him; he should not interfere with witnesses; and has to be of good conduct during the pendency of this case.
DATED, SIGNED AND DELIVERED THIS 15TH DAY OF DECEMBER, 2015.
R.P.V. WENDOH
JUDGE
15/12/2015
PRESENT
Mr. Mulochi for State
Ms. Thiberu for accused
Ibrahim/Peninah, Court Assistants