[2016] KEHC 7200 (KLR)

[2016] KEHC 7200 (KLR)

The court found that the prosecution had established a compelling reason to deny bail at this stage, namely the likelihood of interference with the key prosecution witness, who is the Applicant's wife and the only eyewitness to the alleged offence. The Applicant did not controvert this assertion. In the interests of justice, the court held that the witness should testify first before the Applicant's bail application could be reconsidered. The right to bail is not absolute and may be limited where there is a real risk of interference with witnesses, especially where the relationship between the accused and the witness increases such risk.

Citation
[2016] KEHC 7200 (KLR)
Parties
Applicant: M W; Respondent: Republic
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
21 January 2016
Case Number
Criminal Case 78 of 2015
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Outcome
bail denied with liberty to renew after key witness testifies
Judges
P Nyamweya
Legal Topics
Bail Application, Compelling Reasons, Witness Interference, Presumption of Innocence
Source Language
English
Criminal Law Bail Application Compelling Reasons Witness Interference Presumption of Innocence

Case Brief

Summary, issues, holding and outcome

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Parties

M W

Applicant

Republic

Respondent

Procedural Posture

Criminal Case / Ruling on Bail Application Pending Trial

Legal Issues

  1. 1 Whether there are compelling reasons to deny the Applicant bail pending trial.
  2. 2 Who bears the burden of proof regarding the existence of compelling reasons.

Ratio Decidendi

The court found that the prosecution had established a compelling reason to deny bail at this stage, namely the likelihood of interference with the key prosecution witness, who is the Applicant's wife and the only eyewitness to the alleged offence. The Applicant did not controvert this assertion. In the interests of justice, the court held that the witness should testify first before the Applicant's bail application could be reconsidered. The right to bail is not absolute and may be limited where there is a real risk of interference with witnesses, especially where the relationship between the accused and the witness increases such risk.

Court Disposition

bail denied with liberty to renew after key witness testifies

Orders

  • The Applicant's Chamber Summons dated 9th November 2015 is denied.
  • The Applicant may make an oral application for bail after the key witness has testified.