Republic v David Douglas Imwene alias Stephen Imwene alias Daniel Imwene [2022] KEHC 1551 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO. E009 OF 2021

REPUBLIC..........................................PROSECUTOR

VERSUS

DAVID DOUGLAS IMWENE

alias STEPHEN IMWENE

aliasDANIEL IMWENE...........................ACCUSED

RULING

1. The accused seeks bail pending his trial.

2. The application is opposed by the Republic on the basis of the detailed pre-bail report filed on 20th September 2021. The key objections are two-fold: that the accused escaped from the locus in quo for four days; and, that he has no fixed abode or strong family ties.

3. The accused’s father, Gedion Patricik Imwene, has filed a replying affidavit sworn on 14th December 2021 to counter those allegations. For instance, he avers that contrary to the social report, the accused “enjoys very good social ties at home” and that he has no conflicts with his parents or other siblings. In a synopsis, he contends that his son is not a flight risk.

4. The overarching objective of bail is to ensure the accused attends trial.  See Muraguri v Republic [1989] KLR 181, Republic v Elias Kipkemoi, Eldoret High Court Criminal Case 42 of 2014 (unreported).

5. Under Article 49 (1) (h) of the Constitution, the accused is entitled to bail unless there are compelling circumstances.

6. Other relevant matters to be considered by the court include: The nature of the charge; the likely sentence; previous criminal records; the views of the family of the victim; the possibility of interference with witnesses; the temptation to abscond; and, the safety of the accused.

7. The Victims Protection Act 2014 also requires that the views of victim’s family be considered at this stage.

8. The accused is charged with murder. The Director of Public Prosecutions informs the High Court that on the night of 6th and 7th April 2021 at Kabati Shopping Centre in Kandara Sub-County within Murang’a County, he murdered Anthony Edward Kinyua.

9. It is common ground that the accused hails from Malakisi, Sirisia, Bungoma County. The alleged murder was committed at Kabati, Murang’a County. The probation officer states that after the incident, the accused disappeared for four days “and the police had to use an acquaintance to track him down”. He was arrested in Witeithie, Thika where he had leased accommodation.

10. I agree with his father that he (the father) has a home and that his family can support the accused. The deponent is a minister in the Anglican Church. But it is not lost on me that his affidavit does not bear a box number or even a town. It does not also disclose the physical location of his residence.

11. When the accused was asked by the probation officer where he would stay, his choice was Witeithie, Thika. The accused is an adult. It seems clear to me that there is no certainty of a fixed abode. I have also noted that the accused uses various aliases: His family identifies him as Stephen Imwene. The accused said his name is Stephen Emuria Imwene. The family of the deceased, who last employed him, know him as Daniel Steve. He had only lived with them for six months. Lastly, the accused disappeared from the locus in quo and was only arrested days later in Thika.

12. Considering the nature and gravity of the offence, I find that the accused is a serious flight risk. That is a compelling reason for denial of bail. Bail is hereby refused.

13. However, and in the interests of justice, I direct that this trial be fast-tracked.

It is so ordered.

DATED, SIGNED AND DELIVERED AT MURANG’A THIS 15TH DAY OF MARCH 2022.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

The accused.

Ms. Muriu for the Republic.

Ms. Susan Waiganjo, Court Assistant.