[2017] KEHC 2761 (KLR)
The court found that although the accused is constitutionally entitled to bond, the right is not absolute. The social inquiry report indicated that the accused has a history of criminal conduct, is feared by the community, and his release would pose a serious security risk both to the public and to himself. The...
Source-derived case information.
- Citation
- [2017] KEHC 2761 (KLR)
- Parties
- Respondent: Republic; Defendant: Timothy Michubu M’Mwira
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2017
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- bond application declined; accused to remain in custody pending trial
- Legal Topics
- Murder, Bail and Bond, Pretrial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Timothy Michubu M’Mwira
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to release on bond pending trial under Article 49(i)(h) of the Constitution.
- 2 Whether the accused's release on bond poses a security risk to the community and himself.
- 3 Whether the social inquiry report justifies denial of bond.
Ratio Decidendi
The court found that although the accused is constitutionally entitled to bond, the right is not absolute. The social inquiry report indicated that the accused has a history of criminal conduct, is feared by the community, and his release would pose a serious security risk both to the public and to himself. The court determined that releasing the accused on bond would not be prudent given the prevailing hostility and the recent nature of the offence. Therefore, the application for bond was declined, and the accused was ordered to remain in custody pending trial, with an order for expedited proceedings to avoid unnecessary pretrial detention.
Court Disposition
bond application declined; accused to remain in custody pending trial
Orders
- Application for bond is declined.
- Accused to remain in custody pending trial.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO.42 OF 2017
REPUBLIC .........................................................PROSECUTION
VS
TIMOTHY MICHUBU M’MWIRA...............................ACCUSED
RULING ON BOND
The accused Timothy Michubu M’Mwira was charged with the offence of murder contrary to section 203 as read with section 204 of the penal code cap 63 Laws of Kenya.
Particulars are that Timothy Michubu M’Mwiria on the 27th day of May 2017 at Miriine Village Antuambui Location in Igembe North Sub county within Meru County murdered Elijah Michubu.
Upon accused person pleading not guilty to the offence of murder his counsel applied that he be released on bond and the court called for social inquiry report.
The report was filed on 1st day of August 2017 and J. M Kagucia -S/County Probation Officer Igembe District was of the opinion that accused was not suitable to be released on bond because his part record was full of various crimes in his home area and the neighbourhood.
That most crimes went unreported for fear of revenge by the accused. That all the people interviewed except accused persons relatives talked ill of him stressing that he is a thorn in the flesh in the entire community.
The village elder confirmed the fear expressed by members of the community and said accused is unwanted in his home area due to bad activities that are said to pose a serious security challenge to members of the public.
The accused under Article 49(i) (h) of the constitution is entitled to release on bond pending trial but the right is not absolute. The offence was committed on 27th May 2017.
This is very recent and from the social inquiry it is apparent the relatives of the deceased have not healed from the loss of their kin and it would therefore not be prudent to risk the life of the accused by releasing him when the community and relatives of the deceased are against it considering the report by Social inquiry. The application for bond is therefore declined. The accused will face trial while in custody. The trial will be expedited to avoid unnecessary incarceration for long.
Ruling Signed, Delivered and Dated this 21st Day of September 2017.
HON. A.ONG’INJO
JUDGE
In the presence of:
C/A :
Accused :- Accused – Present in person
Mr Munene Advocate for accused – N/A
Mrs Mwathi for state.
Order
Mention 3. 11. 2017 for hearing date.
Respondent:-
HON. A.ONG’INJO
JUDGE