[2025] KEHC 9923 (KLR)

[2025] KEHC 9923 (KLR)

The court found that although the two key witnesses whose protection formed the basis of the initial denial of bail had testified, the accused continued to exhibit conduct amounting to intimidation of witnesses, including a police officer in open court. The court held that such conduct demonstrated an ongoing risk of interference with remaining witnesses, which is a compelling reason to deny bail. Additionally, the prosecution presented new evidence that the accused had obtained and used a second passport to travel abroad while her original passport was in police custody, raising credible concerns about her being a flight risk. The accused's explanations for obtaining the second passport...

Citation
[2025] KEHC 9923 (KLR)
Parties
Applicant: Republic; Defendant: Sarah Wairimu Kamotho
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Judgment Date
8 July 2025
Case Number
Criminal Case E001 of 2025
Procedural Posture
Criminal Case / Ruling on Renewed Bail Application
Outcome
renewed bail application declined; accused to remain in custody until conclusion of criminal proceedings
Judges
DR Kavedza
Legal Topics
Bail and Bond, Witness Protection, Flight Risk, Interference With Evidence
Source Language
English
Criminal Law Bail and Bond Witness Protection Flight Risk Interference With Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Sarah Wairimu Kamotho

Defendant

Procedural Posture

Criminal Case / Ruling on Renewed Bail Application

Legal Issues

  1. 1 Whether the accused has demonstrated a change of circumstances warranting review of the previous denial of bail.
  2. 2 Whether the accused poses a real risk of interfering with witnesses if released on bail.
  3. 3 Whether the accused is a flight risk in light of new evidence regarding her travel documents.

Ratio Decidendi

The court found that although the two key witnesses whose protection formed the basis of the initial denial of bail had testified, the accused continued to exhibit conduct amounting to intimidation of witnesses, including a police officer in open court. The court held that such conduct demonstrated an ongoing risk of interference with remaining witnesses, which is a compelling reason to deny bail. Additionally, the prosecution presented new evidence that the accused had obtained and used a second passport to travel abroad while her original passport was in police custody, raising credible concerns about her being a flight risk. The accused's explanations for obtaining the second passport...

Court Disposition

renewed bail application declined; accused to remain in custody until conclusion of criminal proceedings

Orders

  • The renewed application for bail by the accused is declined.
  • The accused shall remain in custody until the conclusion of the criminal proceedings.