Republic v Edward Guantai [2017] KEHC 2113 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL CASE NO. 2 OF 2016

REPUBLIC ………………………………………PROSECUTOR

VERSUS

EDWARD GUANTAI ………….........…………………ACCUSED

R U L I N G

1. The accused was on 14th January, 2016 charged with the offence of murder contrary to section 203 of the Penal Code. When he applied for bond, the same was denied on 13th April, 2016 on the basis that the pre-bail report was negative.

2. On 20th September, 2017, Mrs. Ntarangwi`, Learned Counsel for the defence once again renewed the application for bond. Counsel submitted that since this case might take long to be heard, it is fair that the accused be admitted to bond. That the circumstances must have by now changed.

3. Pursuant thereto, the Court ordered for a pre-bail report to e prepared and filed. The same has not been filed and is on record.

4. The application was opposed through the Replying Affidavit of Corporal Job Ondiek sworn on 30th October, 2017. It was contended in that Affidavit that after the incident, the accused went into hiding until 28th December, 2016 after a year when he was arrested. That the prosecution was apprehensive that if released, the accused may interfere with the witnesses in this case; that a report of threat had been made on 4th March, 2016 by one of the witnesses.

5. I have considered the application and the opposition thereto.  There is no pre-bail report filed with the Court as ordered.

6. Bond is a Constitutional right for every accused person. It can only be denied if there exist special or exceptional circumstances. These may include being a flight risk, interference with witnesses, or any such reasons.

7. In the present case, it is not denied that although the incident allegedly occurred on 2nd December, 2015, the accused disappeared until one year later when he was arrested. It has also been alleged that he has hitherto threatened witnesses.  To my mind, those two grounds are serious enough t warrant denial of bond.

8. Accordingly, the application for bond is hereby denied.

Mention on 24th January, 2017 to give a date for hearing.

A. MABEYA

JUDGE

09/11/2017