A police constable facing murder charges has petitioned the High Court to release him on bail, arguing that continued detention is tearing his family apart and putting his dependents at risk.
The officer, attached to Kayole Police Station, is accused of fatally shooting a mask hawker. He pleaded not guilty to the charge of murder and has since been remanded awaiting trial. Through an urgent application, he now seeks bail, insisting that his right to reasonable bail terms is constitutionally protected.
In his affidavit, the constable stresses that he is the sole breadwinner of his household, which includes his wife, two school-going children, and a sickly elderly mother. He explains that since his arrest, the family has been struggling to survive as they depend entirely on him for financial support. His wife, who has no formal employment, has been unable to meet the family’s basic needs, leaving the children frequently absent from school due to lack of fees.
The officer further reveals that his wife has threatened to abandon the marriage because of the overwhelming burden placed on her. He argues that if this happens, his children risk becoming delinquents due to family disintegration. At the same time, his ailing mother, who requires urgent and consistent care, continues to suffer in his absence.
The defence team contends that the accused is entitled to bail under Article 49 (1)(h) of the Constitution, which guarantees the right to be released on bond or bail on reasonable terms unless compelling reasons are shown. His lawyers argue that no such reasons exist in this case, stressing that their client is willing to comply with all court requirements, attend hearings faithfully, and is not a flight risk as he has fixed residences in Nairobi and Bungoma.
The petition emphasizes that denying him bail would not only punish him but also destroy the lives of his children and mother, leaving them without any form of support. The application therefore urges the court to grant him bail so he can reunite with his family and provide for them as he awaits the trial’s determination.
