[2014] KEHC 4463 (KLR)

[2014] KEHC 4463 (KLR)

The court found that the 7th and 8th accused had committed a fresh offence after the one subject to the current proceedings, involving the same parties and witnesses, which constituted compelling reasons to deny bail. For the 1st accused, the court found no unusual, unique, or special circumstances in his medical condition that would warrant granting bail, as his condition could be managed in prison and the Pre-Bail Report and witness statements continued to implicate him as the suspected mastermind. The applications for bail by the 1st, 7th, and 8th accused were therefore dismissed on the basis of risk of re-offending and lack of special circumstances.

Citation
[2014] KEHC 4463 (KLR)
Parties
Applicant: Republic; Defendant: Stanley Mutuma M’Imana; Defendant: Gitonga Mathayo alias GK alias Mutisya; Defendant: Samson Michubu Kanyana; Defendant: Charles Ntonja M’Nthaka; Defendant: Joseph Gitonga alias Kato; Defendant: Lawi Kamenchu M’Nthaka; Defendant: Samuel Gitonga Zakayo; Defendant: Joseph Kariuki Kiringo alias Muchangi
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
15 May 2014
Case Number
Criminal Case 69 of 2012
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Outcome
applications for bail by 1st, 7th, and 8th accused dismissed
Legal Topics
Bail Pending Trial, Compelling Reasons, Repeat Offending, Judicial Discretion
Source Language
English
Criminal Law Bail Pending Trial Compelling Reasons Repeat Offending Judicial Discretion

Case Brief

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Parties

Republic

Applicant

Stanley Mutuma M’Imana

Defendant

Gitonga Mathayo alias GK alias Mutisya

Defendant

Samson Michubu Kanyana

Defendant

Charles Ntonja M’Nthaka

Defendant

Joseph Gitonga alias Kato

Defendant

Lawi Kamenchu M’Nthaka

Defendant

Samuel Gitonga Zakayo

Defendant

Joseph Kariuki Kiringo alias Muchangi

Defendant

Procedural Posture

Criminal Case / Ruling on Bail Application Pending Trial

Legal Issues

  1. 1 Whether the 1st, 7th, and 8th accused should be granted bail pending trial.
  2. 2 Whether there are compelling reasons to deny bail to the accused persons.
  3. 3 Whether the medical condition of the 1st accused constitutes a special circumstance warranting bail.

Ratio Decidendi

The court found that the 7th and 8th accused had committed a fresh offence after the one subject to the current proceedings, involving the same parties and witnesses, which constituted compelling reasons to deny bail. For the 1st accused, the court found no unusual, unique, or special circumstances in his medical condition that would warrant granting bail, as his condition could be managed in prison and the Pre-Bail Report and witness statements continued to implicate him as the suspected mastermind. The applications for bail by the 1st, 7th, and 8th accused were therefore dismissed on the basis of risk of re-offending and lack of special circumstances.

Court Disposition

applications for bail by 1st, 7th, and 8th accused dismissed

Orders

  • The applications for bail by the 1st, 7th, and 8th accused are dismissed.