[2021] KEHC 606 (KLR)
The court found that there were no compelling reasons to deny the accused bail. Although some family members of the deceased opposed bail and expressed concerns for the accused's safety, the area chief did not consider the accused a flight risk. The court determined that any safety concerns could be addressed by...
Source-derived case information.
- Citation
- [2021] KEHC 606 (KLR)
- Parties
- Applicant: Republic; Defendant: Victor Murimi M’Arithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2017
- Procedural Posture
- Criminal Case / Ruling on Bail
- Outcome
- Bail granted with conditions.
- Judges
- EM Muriithi
- Legal Topics
- Bail Application, Compelling Reasons, Flight Risk, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Victor Murimi M’Arithi
Defendant
Procedural Posture
Criminal Case / Ruling on Bail
Legal Issues
- 1 Whether there are compelling reasons to deny the accused bail.
- 2 Whether the accused poses a flight risk or his safety is at risk if released on bail.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bail. Although some family members of the deceased opposed bail and expressed concerns for the accused's safety, the area chief did not consider the accused a flight risk. The court determined that any safety concerns could be addressed by imposing conditions on the accused's release, specifically requiring him to stay away from the area where the offence allegedly occurred. Therefore, the accused was granted bail with conditions to ensure both his appearance in court and his personal safety.
Court Disposition
Bail granted with conditions.
Orders
- Accused shall execute a bond of Ksh. 300,000 with one surety of the same amount.
- Accused shall upon release keep away from Gitine area of Mweru location within Meru County for his own safety.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO 5 OF 2017
REPUBLIC.............................PROSECUTOR
VERSUS
VICTOR MURIMI M’ARITHI .....ACCUSED
RULING ON BAIL
1. The court has considered the Probation Officers’ Report Pre-bail Report dated 29/11/2021.
2. There is clearly no compelling reason to deny the accused bail even though some family members of the deceased, who are also siblings of the accused and the deceased, are opposed to his release.
3. The accused and the deceased were brothers and there are fears of his safety from some close family. The area chief does not find the accused as a flight risk and the neighbours defer to the family members on the question of bail for the accused.
ORDER
4. There being no compelling reasons for denial of bail and the fears of the accused’s safety being capable of addressing by less restrictive means, the court shall grant the accused bail upon terms as follows:-
1. Accused shall execute a bond of Ksh. 300,000 with (1) surety of the same amount and
2. Accused shall upon release keep away for his own safety from the area where the offence is alleged to have occurred, according to the charge sheet, that is, Gitine area of Mweru location within Meru County.
Order accordingly
DATED AND DELIVERED THIS 15TH DAY OF DECEMBER, 2021
EDWARD M. MURIITHI
JUDGE