[2014] KEHC 492 (KLR)

[2014] KEHC 492 (KLR)

The court found that the State failed to demonstrate that the applicant was a flight risk solely based on his occupation and living in a rented house, dismissing this as an unfounded fear. However, the court accepted the State's argument that the applicant was likely to interfere with prosecution witnesses, as both the accused and the deceased were cousins and several witnesses were close relatives. The court held that, under these circumstances, the interests of justice would be better served by denying bail at this stage. The applicant was granted liberty to renew the application after the close relatives had testified.

Citation
[2014] KEHC 492 (KLR)
Parties
Applicant: Peter Mayeka Makongu; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
23 June 2014
Case Number
Criminal Case 73 of 2013
Procedural Posture
Criminal Case / Bail Application Ruling
Outcome
application dismissed
Legal Topics
Bail Pending Trial, Compelling Reasons, Flight Risk, Witness Interference
Source Language
English
Criminal Law Bail Pending Trial Compelling Reasons Flight Risk Witness Interference

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Mayeka Makongu

Applicant

Republic

Respondent

Procedural Posture

Criminal Case / Bail Application Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending trial under Article 49(i)h of the Constitution.
  2. 2 Whether the applicant poses a flight risk due to lack of fixed abode.
  3. 3 Whether the applicant is likely to interfere with prosecution witnesses who are relatives.

Ratio Decidendi

The court found that the State failed to demonstrate that the applicant was a flight risk solely based on his occupation and living in a rented house, dismissing this as an unfounded fear. However, the court accepted the State's argument that the applicant was likely to interfere with prosecution witnesses, as both the accused and the deceased were cousins and several witnesses were close relatives. The court held that, under these circumstances, the interests of justice would be better served by denying bail at this stage. The applicant was granted liberty to renew the application after the close relatives had testified.

Court Disposition

application dismissed

Orders

  • The application for bail dated 25th March 2014 is dismissed.
  • The applicant may renew the application after the four civilian witnesses who are close relatives have testified.