[2015] KEHC 235 (KLR)
The court found that there were no compelling reasons to deny the accused persons bond. The pre-bail report was favorable, with no negative community sentiment except from the deceased's family, which is expected. The accused had been reporting to the police for a long period before arrest without absconding or...
Source-derived case information.
- Citation
- [2015] KEHC 235 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Mururu; Defendant: Naftali Muriungi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2015
- Procedural Posture
- Criminal Case / Ruling on Second Bond Application
- Outcome
- Bond granted to both accused persons with conditions.
- Judges
- RPV Wendoh
- Legal Topics
- Bail and Bond, Flight Risk, Witness Interference, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Mururu
Defendant
Naftali Muriungi
Defendant
Procedural Posture
Criminal Case / Ruling on Second Bond Application
Legal Issues
- 1 Whether there are compelling reasons to deny the accused persons bond.
- 2 Whether the accused persons are a flight risk or likely to interfere with witnesses.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused persons bond. The pre-bail report was favorable, with no negative community sentiment except from the deceased's family, which is expected. The accused had been reporting to the police for a long period before arrest without absconding or interfering with witnesses, indicating they are not a flight risk. The court concluded that the earlier concerns about flight risk and witness intimidation were not substantiated by the current evidence and circumstances. Accordingly, the accused were granted bond with specified conditions to ensure their attendance and good conduct.
Court Disposition
Bond granted to both accused persons with conditions.
Orders
- Each accused to deposit a cash bail of KShs.50,000.
- Each accused to provide a surety of KShs.200,000.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 18 OF 2015
REPUBLIC..................................................................PROSECUTOR
V E R S U S
STEPHEN MURURU...................................................1ST ACCUSED
NAFTALI MURIUNGI...................................................2ND ACCUSED
RULING
Benjamin Stephen Mururu and Naftali Muriungi are jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. By the application dated 8/10/2015, they pray to be released on bond. The accused 1 is the father of accused 2 and accused 1 deponed that they have been advised by their Counsel that they are presumed innocent till proven guilty and have an unquantified right to bail unless compelling reasons are disclosed. He further deponed that they are not a flight risk; that they are residents of Meru where their families reside and will comply with any conditions that the court may impose.
The State did not file any reply as the Investigation Officer was said to be away.
This is the second application for bond, an earlier one having been declined by this court on 10/6/2015. The reasons for the rejection of the application was that the accused persons were a flight risk and that they had been threatening witnesses. Surprisingly, however, the current Pre-bail report favours the release of the accused on bond. In the present report, there are no negative feelings towards the accused from the community save the family of the deceased which is usually normal considering they lost their loved one. However, what is noteworthy, and what was not revealed in the earlier report was that the accused persons had been reporting to the police station for a long time before they were arrested and charged, the offence having been committed in 2013; that they were not arrested till February, 2015. If they were a flight risk, they would have ran away during that period and would also have interfered with witnesses during that period they had not been arrested. For all the above reasons, I find that there are no compelling reasons to deny the accused persons bond. I grant them bond as follows:
1. Each to deposit a cash bail of KShs.50,000/=;
2. To provide a surety of KShs.200,000/=;
3. They should attend court as will be required of them;
4. To be of good conduct while on bond;
5. Should not interfere with witnesses.
DATED, SIGNED AND DELIVERED THIS 15TH DAY OF DECEMBER, 2015.
R.P.V. WENDOH
JUDGE
15/12/2015
PRESENT
Mr. Mulochi for State
Mr. Mutuma for Accused
Ibrahim/Peninah, Court Assistants