Republic v Gicheha [2022] KEHC 10076 (KLR)

Republic v Gicheha (Criminal Case E007 of 2021) [2022] KEHC 10076 (KLR) (14 July 2022) (Ruling)

Neutral citation: [2022] KEHC 10076 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E007 of 2021

RB Ngetich, J

July 14, 2022

Between

Republic

Prosecution

and

Stephen Gitau Gicheha

Accused

Ruling

1. The accused was charged with the offence of Murder Contrary to Section 203 as read with section 204 of the Penal Code. Particulars are that on the 26th day of January, 2021 at Kwihota village in Ruiru Sub-County within Kiambu County he murdered John Gicheha Gitau.

2. On 10th March 2021, the charge and its full particulars were read over to the accused. He denied the charges and a plea of not guilty was entered. Ms. Kyalo for the accused applied to have the accused released on bail. The state counsel Mr. Kasyoka was not opposed to the accused being released on bail. The court directed that pre-bail report be prepared by probation officer to assist in setting bond terms.

3. The pre-bail report was filed on 15th April 2021, in which it states that the accused is a threat to the family and the community if granted bail. In the report, the family members of the accused were opposed to the accused being granted bail.

4. Report from the family members is that the accused was not remorseful after he murdered his father. They indicate the accused is a risk flight as he has no fixed abode and they fear for their lives if the accused is released on bond. Report indicate that the accused abused and peddled drugs before he was arrested and was taken to a rehabilitation centre but after his release, he relapsed again.

5. Due to the outcome of the report, the court directed counsel for the accused to file a formal bail application. The application was filed on 2nd July 2021, seeking to have the accused released on bail on ground that he stands to suffer prejudice if not released.

6. The state counsel Mr. Gacharia opposed the application relying on affidavit sworn by P.C Martin Kuria the Investigating Officer. Haverred that all the prosecution key witnesses are relatives of the accused and they share the same locality leading to a high probability of interfering with the witnesses. He further stated that though the family is in a position to stand as surety for the accused, they are not willing as they fear the accused may harm them.

7. Article 49 of the Constitution gives an arrested person right to be released on bail pending trial unless there are compelling reasons.

8. I have perused the pre- bail report and I note the sentiments raised. From the report, the accused has no fixed abode. Before his arrest, the accused was living with the deceased who was his father. The family members do not wish to stand surety to secure his attendance in court.

9. From the above,there is no guarantee that the accused will attend court when required as his close family members are not willing to have him out on bond. Further if released, he will go back to his family members who are not willing to have him back. It would therefore be unsafe to release accused on bond at this stage of trial.

10. Final Orders:-1)Application for bond is hereby dismissed.2. )Accused may renew his bond application at a later stage.

RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 14TH DAY OF JULY, 2022. ..........................RACHEL NGETICHJUDGEIn the Presence of:Kinyua – Court AssistantMs. Kyalo for AccusedAccused – Present