[2014] KEHC 4569 (KLR)
The court held that while the accused's nationality as Tanzanian was not established, his place of abode remained unknown and he had previously fled the crime scene, only to be found hiding near the Tanzania border. These circumstances satisfied the court that the accused posed a flight risk. The court found that...
Source-derived case information.
- Citation
- [2014] KEHC 4569 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Maroa Stephen Masanchu
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail application declined.
- Judges
- DAS Majanja
- Legal Topics
- Bail Application, Flight Risk, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Maroa Stephen Masanchu
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial.
- 2 Whether the accused poses a flight risk justifying denial of bail.
Ratio Decidendi
The court held that while the accused's nationality as Tanzanian was not established, his place of abode remained unknown and he had previously fled the crime scene, only to be found hiding near the Tanzania border. These circumstances satisfied the court that the accused posed a flight risk. The court found that releasing the accused on bail at this stage could jeopardize the trial, and therefore, the application for bail was declined.
Court Disposition
Bail application declined.
Orders
- The accused shall remain in custody pending trial.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT HOMA BAY
COURT CRIMINAL CASE NO. 2 OF 2014
STATE …………………………………………………………… PROSECUTOR
VERSUS
MAROA STEPHEN MASANCHU …………………………………. ACCUSED
RULING
The accused MAROA STEPHEN MASANCHU is facing a murder charge. He is alleged to have murdered one BEATRICE ATIENO ANYACH on the night of 10th – 11th January, 2014 at Rodi Kopany Trading Centre in Homa Bay County.
The State opposes bail on the ground that the accused is of Tanzania Nationality and poses a flight risk. Moreover it states that the accused fled from the crime scene after the incident as was found in a hideout near Kuria District near the Tanzania Border. The opposition is the subject of the affidavit of CPL. Paul Muriithi sworn on the 9th May, 2014 and the supplementary affidavit sworn on 12th May, 2014.
That an accused has a right to bail is not disputed. Under Article 49 of the Constitution, the State must displace the presumption by furnishing evidence of exceptional circumstances to displace the right to bail. The right to bail is not intended to punish the accused but to ensure that he attends trial. I have considered the depositions, and I am not convinced that it has been established that the accused is a Tanzania National but I am satisfied that his place of abode remains unknown and releasing him at this stage may jeopardize the trial as he is a flight risk. I decline to release him on bail at this stage.
DATED and DELIVERED at HOMABAY this 12th DAY OF JUNE 2014
D. S. MAJANJA
JUDGE