REPUBLIC v CARLOS MULI KIMEU [2012] KEHC 4980 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 12 OF 2012

REPUBLIC ………………………..………………..…… PROSECUTION

=VERSUS=

CARLOS MULI KIMEU ….…………………………….…... ACCCUSED

RULING

Before court is the bond application made by the accused CARLOS MULI KIMEU who faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The applicant seeks to be released on bail/bond during the pendancy of his trial. This application for bail was opposed by the State. It is now a well established fact that Article 49(1)(h) of the Constitution of Kenya entitles allaccused persons (including those facing capital charges) to be released on bond. The only proviso to this is that a court may decline to grant an accused person bond where ‘compelling reasons’ exist to so deny him.

I have carefully considered this bail application as well as the replying affidavit sworn by INSPECTOR FRANCIS MWIKYA on 15th March 2012. The question of whether or not the accused has a fixed abode is not in my view the key question. The known antecedents of the accused persuade me that he does pose a high flight risk, especially where the charge is as serious as murder. For this reason I decline to admit the accused to bail. He will remain in remand prison pending the hearing and determination of his case.

Dated and delivered in Mombasa this 26th day of March 2012.

M. ODERO

JUDGE

In the presence of:

Mr. Maosa for Accused

Mr. Gioche for State