REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MARSABIT

CRIMINAL CASE (M) NO.7 OF 2020

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

VERSUS

YUSUF BORU...............................................................................................................ACCUSED

RULING

The accused was arraigned in Court on the 23^rd July, 2020 when the prosecution opposed him being granted bail on the grounds that 4 people lost their lives in this case.  That the act caused  public fury and that there was tension between two communities.  That the accused comes from an area predominantly occupied by the Rendille community.  That there was fear of revenge attacks by the Rendille community.  That the accused’s life was in danger if released on bond.  Further that the accused did not have any documentation to identify him as a Kenyan.  Therefore that he was a flight risk.  The court considered the  issue and remanded the accused in prison custody.

On the 26.11.2020 the accused through Mr. Behailu the advocate, applied to be released on bond on the grounds that he is aged 22 years.  That he is not a flight risk as he is from Badasa area.  That he went to Badasa primary school.  That he is a Kenyan and has applied for an identity card.

The prosecution opposed bail on the same grounds stated on 23/7/2020. The prosecution counsel, Mr. Ochieng, further stated that they have since recorded 2 murders that they believe are revenge attacks.  That if the accused is released on bond there is  likelihood of more violence.  Further that the accused has not provided any document to identify himself as a Kenyan.  That they do not know his place of abode.  That he might be a flight risk.

Mr. Behailu replied that possible revenge attacks cannot be used to deny the accused bail.

I have considered the grounds for bond application and the opposition hereto.  The accused is facing 4 counts of murder.  Though bond is a constitutional right only to be denied when there are compelling circumstances, the seriousness of the offences the accused is facing cannot be gainsaid.  Further to this there is no evidence placed before the court to indicate that the accused is a Kenyan.  I do not think that it is the right time to grant the accused bond at this stage of the proceedings.  The application for bond is therefore declined.

Delivered, dated and signed at Marsabit this 2^nd day of December, 2020.

J. NYAGA NJAGI

JUDGE

In the presence of:

......................................for Prosecution

...........................................for Accused

Accused ...............................................

Court Assistant......................................