[2015] KEHC 3381 (KLR)

[2015] KEHC 3381 (KLR)

The court found that, despite the presumption of innocence and the prosecution not opposing bail, there were compelling reasons to deny bail to the accused. These included the accused's alleged conduct of going into hiding after the offence, the close familial relationship between the accused and key witnesses (his...

Source-derived case information.

Citation
[2015] KEHC 3381 (KLR)
Parties
Applicant: Republic; Defendant: Stephen Njambuya Makurathi
Court
High Court
Court Station
High Court at Murang'a
Jurisdiction
Kenya
Judgment Date
31 July 2015
Case Number
Criminal Case 38 of 2012
Procedural Posture
Criminal Case / Ruling on Bail Application Prior to Commencement of Trial
Outcome
Bail denied; accused to remain in custody pending trial.
Judges
DW Mbuteti
Legal Topics
Bail Pending Trial, Murder Charge, Flight Risk, Compelling Reasons, Presumption of Innocence
Source Language
english
Criminal Law Bail Pending Trial Murder Charge Flight Risk Compelling Reasons Presumption of Innocence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Stephen Njambuya Makurathi

Defendant

Procedural Posture

Criminal Case / Ruling on Bail Application Prior to Commencement of Trial

Legal Issues

  1. 1 Whether the accused should be granted bail pending trial for the offence of murder.
  2. 2 Whether there are compelling reasons to deny bail under Article 49(1)(h) of the Constitution.

Ratio Decidendi

The court found that, despite the presumption of innocence and the prosecution not opposing bail, there were compelling reasons to deny bail to the accused. These included the accused's alleged conduct of going into hiding after the offence, the close familial relationship between the accused and key witnesses (his siblings), and the lack of information regarding his intended residence if released. The court considered the risk of flight and potential danger to the accused or his siblings if bail were granted. Accordingly, the court held that the interests of justice required the accused to remain in custody pending trial, as provided for under Article 49(1)(h) of the Constitution of...

Court Disposition

Bail denied; accused to remain in custody pending trial.

Orders

  • The accused shall remain in custody pending his trial.