Republic v Richard Karuma Baikende [2017] KEHC 1910 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

CRIMINAL CASE NO. 65 OF 2017

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

VERSUS

RICHARD KARUMA BAIKENDE............ACCUSED

R U L I N G

1. The accused has applied for bond.  Bond is a Constitutional right to every accused person unless there are exceptional   circumstances. These include, the likelihood of the accused not attending his trial for any reason, possible interference with witnesses or repeat of similar offence.

2.  I have considered the pre-bail report on record.  The same  indicates that the deceased was the accused’s twin brother.  The family is not ready to receive him back at the moment. They express the fear of being interfered with by the Accused as they reside together.

3. In the circumstances, I hold the view that there are exceptional circumstances that warrant the denial of bail to the accused.

4.  Accordingly, the Application is denied but he may review the same after the close relatives have testified.

Mention on 24/01/2018 to fix the date for trial.  Defence Counsel be notified.

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

A. MABEYA

JUDGE

09/11/2017