[2011] KEHC 3877 (KLR)
The court found that although the accused persons have a constitutional right to bail, this right is not absolute and may be limited where compelling reasons exist. The court considered the pre-bail reports and submissions from both sides and determined that neither accused had strong family or community ties in the...
Source-derived case information.
- Citation
- [2011] KEHC 3877 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Kariuki Mburu; Defendant: Joseph Ekitela Korobe
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 35 of 2009
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_denied
- Judges
- JV Juma
- Legal Topics
- Bail Application, Compelling Reasons, Right to Bail, Pretrial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Kariuki Mburu
Defendant
Joseph Ekitela Korobe
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny bail to the accused persons.
Ratio Decidendi
The court found that although the accused persons have a constitutional right to bail, this right is not absolute and may be limited where compelling reasons exist. The court considered the pre-bail reports and submissions from both sides and determined that neither accused had strong family or community ties in the Coast area, nor did they have a fixed abode. The court concluded that these factors increased the risk of absconding, which constitutes a compelling reason to deny bail. Consequently, the court declined to grant bail and ordered that the accused remain in remand custody pending the conclusion of the trial.
Court Disposition
bail_denied
Orders
- The accused persons shall remain in remand custody at Shimo-la-Tewa pending the conclusion of the trial.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 35 OF 2009
REPUBLIC...........................................................................................................PROSECUTOR
-VERSUS-
STEPHEN KARIUKI MBURU................................................................................1ST ACCUSED
JOSEPH EKITELA KOROBE..............................................................................2ND ACCUSED
RULING
The two accused persons namely STEPHEN KARIUKI MBURU (hereinafter referred to as the 1st accused) and JOSEPH EKITELA KOROBE (hereinafter referred to as the 2nd accused), have applied to be released on bail during the pendancy of their trial on the charge of Murder contrary to S. 202 of the Penal Code.
It is now well established that all suspects have a constitutional right to bail as is provided by Art. 49(1)(H) of the Constitution of Kenya. However even this constitutional right is limited in that where a court finds compelling reasons to exist it may decline to grant bail to a suspect.
I have given careful consideration to the submissions of both MR. MUTUGI and MR ODUOR in support of this bail application. I have likewise carefully considered the submissions of the learned State Counsel MR. ONSERIO opposing this application. I have also taken into account the pre-bail report prepared with respect to each accused by the Probation Department. By far the paramount consideration in the decision of whether or not to release an accused person on bail is the likelihood that he/she will turn up for trial subsequent to such release. The likelihood that an accused will abscond from trial is in my view a ‘compelling reason’ to deny him bond. I am persuaded that neither accused has strong enough family or community ties to suggest that they will return for trial once released on bond. None of them has a fixed abode in the Coast area. Based on the foregoing I do decline to admit the 2 accuseds on bond and order that they remain in remand custody at Shimo-la-Tewa pending the conclusion of this trial.
Read in open court.
Mrs. Khisia holding brief for Mr. Mutugi for 1st accused
M. ODERO
JUDGE
22. 2.2011