[2020] KEHC 329 (KLR)
The court found that although bail is a constitutional right, it may be denied where there are compelling circumstances. In this case, the accused is facing four counts of murder, a serious offence that has caused public tension and inter-community animosity. The prosecution demonstrated that there have been recent...
Source-derived case information.
- Citation
- [2020] KEHC 329 (KLR)
- Parties
- Applicant: Republic; Respondent: Yusuf Boru
- Court
- High Court
- Court Station
- High Court at Marsabit
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- application for bond declined
- Judges
- CM Njagi
- Legal Topics
- Bail Application, Murder Charges, Flight Risk, Compelling Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Yusuf Boru
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial.
- 2 Whether there are compelling circumstances to deny bail under the Constitution.
- 3 Whether the accused poses a flight risk or threat to public safety.
Ratio Decidendi
The court found that although bail is a constitutional right, it may be denied where there are compelling circumstances. In this case, the accused is facing four counts of murder, a serious offence that has caused public tension and inter-community animosity. The prosecution demonstrated that there have been recent murders believed to be revenge attacks, and releasing the accused could escalate violence. Additionally, the accused failed to provide documentation proving his Kenyan citizenship, raising concerns about his identity and risk of absconding. The court concluded that these factors collectively amount to compelling circumstances justifying the denial of bail at this stage of the...
Court Disposition
application for bond declined
Orders
- The application for bond by the accused is declined.
- The accused shall remain in prison custody pending further proceedings.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MARSABIT
CRIMINAL CASE (M) NO.7 OF 2020
REPUBLIC.............................................................................................................PROSECUTOR
VERSUS
YUSUF BORU...............................................................................................................ACCUSED
RULING
The accused was arraigned in Court on the 23rd July, 2020 when the prosecution opposed him being granted bail on the grounds that 4 people lost their lives in this case. That the act caused public fury and that there was tension between two communities. That the accused comes from an area predominantly occupied by the Rendille community. That there was fear of revenge attacks by the Rendille community. That the accused’s life was in danger if released on bond. Further that the accused did not have any documentation to identify him as a Kenyan. Therefore that he was a flight risk. The court considered the issue and remanded the accused in prison custody.
On the 26. 11. 2020 the accused through Mr. Behailu the advocate, applied to be released on bond on the grounds that he is aged 22 years. That he is not a flight risk as he is from Badasa area. That he went to Badasa primary school. That he is a Kenyan and has applied for an identity card.
The prosecution opposed bail on the same grounds stated on 23/7/2020. The prosecution counsel, Mr. Ochieng, further stated that they have since recorded 2 murders that they believe are revenge attacks. That if the accused is released on bond there is likelihood of more violence. Further that the accused has not provided any document to identify himself as a Kenyan. That they do not know his place of abode. That he might be a flight risk.
Mr. Behailu replied that possible revenge attacks cannot be used to deny the accused bail.
I have considered the grounds for bond application and the opposition hereto. The accused is facing 4 counts of murder. Though bond is a constitutional right only to be denied when there are compelling circumstances, the seriousness of the offences the accused is facing cannot be gainsaid. Further to this there is no evidence placed before the court to indicate that the accused is a Kenyan. I do not think that it is the right time to grant the accused bond at this stage of the proceedings. The application for bond is therefore declined.
Delivered, dated and signed at Marsabit this 2nd day of December, 2020.
J. NYAGA NJAGI
JUDGE
In the presence of:
......................................for Prosecution
...........................................for Accused
Accused ...............................................
Court Assistant......................................