Republic v Migiro & 3 others [2023] KEHC 20383 (KLR)

Republic v Migiro & 3 others (Criminal Case E009 of 2023) [2023] KEHC 20383 (KLR) (26 June 2023) (Ruling)

Neutral citation: [2023] KEHC 20383 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Case E009 of 2023

WA Okwany, J

June 26, 2023

Between

The Republic

Prosecutor

and

Ezekiel Mogeni Migiro

1st Accused

Peris Ondara

2nd Accused

Dennis Ondara Clement

3rd Accused

Peter Njoroge Kirika

4th Accused

Ruling

1. I have considered the bond application by the 2nd accused, the Pre-bail Report filed on June 21, 2023, the 2nd accused’s affidavit dated June 20, 2023 and the rival submissions by counsel on record for the parties. I note that the 2nd accused has set out very compelling grounds for her release on bond especially the fact that she has young orphaned children who solely depend on her for their upkeep.

2. The court has also noted the sentiments expressed by the Probation Officer in the Pre-bail Report regarding the safety of the accused person should she be released on bond. According to the Probation Officer’s Report, the local administrators in the accused’s area namely; the area Chief, Assistant Chief, the security agencies and Village Elders have requested that the 2nd accused be denied bond, at least for now, because of the hostility on the ground.

3. The report states as follows, in part: -“The local youth have sworn to hunt for the suspected killers. They warn that if any of the suspects is released, instant death is awaiting. Some of them quipped that they will be waiting for her at the prison gate if she is released from remand.”

4. I further note that the security agencies have strongly advised against the release of the 2nd accused on bond, at least as at now, while citing safety concerns. I find that while bond pending trial is an accused person’s constitutional right, the right must be balanced against other considerations especially the safety of accused herself, the witnesses and the community at large. This court is of the view that it cannot turn a blind eye to the clear advisory given by the local administration and security apparatus within the area where the accused resides and/or works.

5. Having regard to the sentiments and recommendations made by the Probation Officer in the Pre-bail Report, this court is of the view that it will, in the circumstances of this case, be unsafe to release the 2nd accused on bond at this stage of the proceedings. I therefore decline to grant bond at this stage. The 2nd accused, and indeed all the accused persons, are at liberty to make fresh bond applications, should the tension on the ground subside. I find that one sure way of releasing tension is to fast track the hearing of the case so that the truth regarding the accused alleged involvement or non-involvement in the offence can be established expeditiously. In this regard, parties are advised to take a date for hearing and prepare for the same.

6. It is so ordered.

RULING DATED, SIGNED AND DELIVERED AT NYAMIRA VIA MICROSOFT TEAMS THIS 26TH DAY OF JUNE 2023. W. A. OKWANYJUDGE