Republic v Albert Wafula Wasike & another [2015] KEHC 1542 (KLR)

Facts

The applicants were charged with murder, and both pleaded not guilty. A pre-bail report was prepared for both applicants, indicating that the 1st accused's family supported his release and indicated willingness to stand surety, while the community around him did not find him a flight risk. The 2nd accused was considered a habitual offender by the community, and his family feared he may harm the victims or interfere with witnesses. After the alleged crime, the 2nd accused's homes were torched by angry members of the community.

Issues

1. Whether there are compelling reasons to continue holding the applicants
2. Whether the applicants should be admitted to bail pending hearing

Reasoning

The court notes that bail/bond pending hearing is a constitutional right unless there are compelling reasons. The court observes that the ground was hostile, but things must have gone quiet by now. The court also notes that the pre-bail reports were prepared early, 2014, and that no details are given as to why the deceased family was apprehensive of the release of the 2nd accused and why the fear felt that he may interfere with witnesses.

Outcome

The applicants are admitted to bond.

Authorities cited