[2019] KEHC 7392 (KLR)
The court found that the prosecution failed to adduce any evidence to support the allegation that the applicants would interfere with witnesses if released on bail. In the absence of such evidence, and considering the applicants' willingness to comply with bail terms and participate in the trial, the court held that...
Source-derived case information.
- Citation
- [2019] KEHC 7392 (KLR)
- Parties
- Applicant: Kambua Kithome; Applicant: Mary Viti Kambua; Applicant: Lina Muteti; Applicant: Josphat Mulaki Mutua; Applicant: Harrison Kieti John; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2018
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Interference With Witnesses, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kambua Kithome
Applicant
Mary Viti Kambua
Applicant
Lina Muteti
Applicant
Josphat Mulaki Mutua
Applicant
Harrison Kieti John
Applicant
Republic
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the applicants should be granted bail pending trial.
- 2 Whether there is a real likelihood of interference with witnesses if bail is granted.
Ratio Decidendi
The court found that the prosecution failed to adduce any evidence to support the allegation that the applicants would interfere with witnesses if released on bail. In the absence of such evidence, and considering the applicants' willingness to comply with bail terms and participate in the trial, the court held that there was no sufficient ground to deny bail. The applicants were therefore entitled to be released on bond with appropriate terms.
Court Disposition
bail granted
Orders
- Each accused is granted bond of Kshs. 800,000 with a surety in an equal sum.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 23 OF 2018
KAMBUA KITHOME……..………..……..……………..1ST APPLICANT
MARY VITI KAMBUA….…....…………....……………2ND APPLICANT
LINA MUTETI……………………………………….…..3RD APPLICANT
JOSPHAT MULAKI MUTUA…..………..……………..4TH APPLICANT
HARRISON KIETI JOHN……………………….…….5TH APPLICANT
VERSUS
REPUBLIC…………………………………………..……..RESPONDENT
R U L I N G
1. The Applicants herein seek to be released on bail pending trial.
2. The Application is based on grounds that the Accused persons are members of the same family with a fixed abode which they will not leave until the case is heard and determined; they are ready to be reporting to the Investigation Officer, should bail terms require, the community they hail is not against their release therefore there is no threat to their lives and they are ready and willing to participate in trial until the end.
3. In response, the State through the Prosecuting Counsel, Mr. Mambadeposed an Affidavit where he averred that the charges are serious and the Accused/Applicants are likely to interfere with witnesses to be called.
4. In the case of Panju vs. Republic (1973) EA 282it was held that where an allegation of interference with witnesses is used as a ground of opposing release on bail, the Prosecution must produce evidence.
5. The State did not adduce any evidence to demonstrate that the Accused may interfere with witnesses. That being the case I grant each Accused bond of Kshs. 800,000/=with a surety in an even sum.
6. It is so ordered.
Dated, Signed and Delivered at Kitui this 30th day of April, 2019.
L. N. MUTENDE
JUDGE