State v Maroa Stephen Masanchu [2014] KEHC 4569 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA AT HOMA BAY

COURT CRIMINAL CASE NO. 2 OF 2014

STATE …………………………………………………………… PROSECUTOR

VERSUS

MAROA STEPHEN MASANCHU ………………………………….   ACCUSED

RULING

The accused MAROA STEPHEN MASANCHU is facing a murder charge.  He is alleged to have murdered one BEATRICE ATIENO ANYACH on the night of 10th – 11th January, 2014 at Rodi Kopany Trading Centre in Homa Bay County.

The State opposes bail on the ground that the accused is of Tanzania Nationality and poses a flight risk.  Moreover it states that the accused fled from the crime scene after the incident as was found in a hideout near Kuria District near the Tanzania Border.  The opposition is the subject of the affidavit of CPL. Paul  Muriithi sworn on the 9th May, 2014 and the supplementary affidavit sworn on 12th May, 2014.

That an accused has a right to bail is not disputed.  Under Article 49 of the Constitution, the State must displace the presumption by furnishing evidence of exceptional circumstances to displace the right to bail.  The right to bail is not intended to punish the accused but to ensure that he attends trial.  I have considered the depositions, and I am not convinced that it has been established that the accused is a Tanzania National but I am satisfied that his place of abode remains unknown and releasing him at this stage may jeopardize the trial as he is a flight risk.  I decline to release him on bail at this stage.

DATED and DELIVERED at HOMABAY this 12th DAY OF JUNE 2014

D. S. MAJANJA

JUDGE