[2014] KEHC 513 (KLR)
The court found that the present application did not raise any new circumstances to warrant a review of the earlier decision denying bail. The risk of interference with key prosecution witnesses, as previously determined, remained unaddressed by the applicant's submissions. The only new ground raised was the...
Source-derived case information.
- Citation
- [2014] KEHC 513 (KLR)
- Parties
- Applicant: Sgt. John Ndungu Kireri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2014
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Bail Denial
- Outcome
- application dismissed
- Judges
- CC Kipkorir
- Legal Topics
- Bail Review, Pretrial Detention, Witness Interference, Right to Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sgt. John Ndungu Kireri
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Application for Review of Bail Denial
Legal Issues
- 1 Whether the applicant has demonstrated new circumstances to warrant a review of the court's earlier decision denying bail.
- 2 Whether the applicant's health condition justifies granting bail.
- 3 Whether the risk of interference with prosecution witnesses persists.
Ratio Decidendi
The court found that the present application did not raise any new circumstances to warrant a review of the earlier decision denying bail. The risk of interference with key prosecution witnesses, as previously determined, remained unaddressed by the applicant's submissions. The only new ground raised was the applicant's health, but evidence showed he was already receiving appropriate treatment at Kenyatta National Hospital. The applicant's wish to attend his graduation was deemed moot as the event had already passed. Consequently, the court held that the application lacked merit and dismissed it.
Court Disposition
application dismissed
Orders
- The application for review of the bail ruling is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 13 OF 2014
SGT. JOHN NDUNGU KIRERI……..….…………………...…….APPLICANT
VERSUS
REPUBLIC…….……………..………………………………...RESPONDENT
RULING
The application before me seeks a review of the court’s ruling dated 24th March 2014. In that ruling the court disallowed bail having considered the circumstances of the case and formed the opinion that the accused was likely to interfere with key prosecution witnesses.
The present application is brought on the grounds that the applicant was entitled to bail under the Constitution, that he will attend his trial and that he was a student at Egerton University due for graduation and that his health had been affected by the conditions in prison. The applicant has sworn a lengthy supporting affidavit setting out in detail the events of the day leading to the deceased’s demise. He avers inter alia that he was completely innocent and that none of the prosecution witness statements and all other documentary material point to his culpability.
In prosecuting the application, Mr. Kaka for the applicant reiterated the averments in the supporting affidavit. He submitted that the accused and his friends had had an evening of fun which unfortunately ended tragically and that none of the witness statements were incriminating the accused in any way. He referred the court to the statements of one Priscilla Mwangi and one Jackson Nderitu both friends of the deceased and students at Kenyatta University stating that none of them point to the culpability of the accused. He further underscored that the accused was unwell and needed medical attention.
The State has opposed the application through the Replying Affidavit of Cpl. Moses Mwangi who is one of the investigating officers dated 17th July 2014 and the submissions tendered before court by Ms. Macharia, the prosecution counsel. In opposing the application Ms. Macharia submitted that the only new ground was the health of the accused. She however observed that he was already receiving treatment at the Kenyatta National Hospital. Counsel further reiterated that the applicant may interfere with witnesses as earlier found by the court. She submitted that no new evidence had been adduced to warrant a review of the court’s finding.
I have considered the application. In so doing, I have considered the ruling dated 24th March 2014. In that ruling, the court considered in depth the reasons advanced by the State in objecting to bail. After considering the unique circumstances of the case, the court arrived at the finding that the applicant was likely to interfere with key prosecution witnesses. I find that the present application raises no new circumstances to warrant a review of the court’s earlier finding.
On the medical issue which has been raised for the first time, I observe from the exhibit displayed by the applicant that he is already undergoing treatment at the Kenyatta National Hospital as indicated by Dr. Ndeti. With respect to graduation ceremony which the applicant wished to attend, I observe that the same has been overtaken by events.
In the premises, I find the application not merited.
It is thus dismissed.
Ruling delivered, dated and signed at Nairobi this 26th day of November, 2014
R. LAGAT - KORIR
JUDGE
In the presence of:
……………………………...: Court clerk
……………………………….: Applicant
……………………………....: For the accused/applicant
……………………………….: For the state/respondent