Republic v Kennedy Ntonja [2017] KEHC 1988 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL CASE NO. 39 OF 2016

REPUBLIC  …………………………………………….… PROSECUTOR

VERSUS

KENNEDY NTONJA …………………………….…….....……ACCUSED

R U L I N G

I have carefully considered the Application for bond by the accused.  It is a Constitutional right of every accused to be granted bond unless there are special and exceptional circumstance.

In the present case, the pre-bail report on record shows that the Accused’s family is indifferent to him.  There are threats to his own personal safety if he is released.

In the circumstances, if he is harmed for any reason, he might be unable to attend the trial.  The deceased in this case was his twin brother.

Accordingly, I am satisfied that there are exceptional circumstances that militate against granting the accused bond.  His application is accordingly declined.

He may however, renew the application after sometime.  Mention on 24/1/2018 to give a hearing date.

DATEDand DELIVERED at Meru this 9th day of November, 2017.

A. MABEYA

JUDGE

09/11/2017