[2023] KEHC 296 (KLR)
The court found that the applicant had demonstrated a fundamental change in circumstances since the previous denial of bail. Specifically, the minor witnesses no longer resided with the applicant but with PW1 in Busia, eliminating the real fear of interference with witnesses. The court held that this change...
Source-derived case information.
- Citation
- [2023] KEHC 296 (KLR)
- Parties
- Applicant: Loice Achieng Dallas; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E002 of 2021
- Procedural Posture
- Bail Application / Ruling on Application for Bail Pending Trial
- Outcome
- application allowed; bail granted with conditions
- Judges
- DO Ogembo
- Legal Topics
- Bail Pending Trial, Change of Circumstances, Witness Interference, Flight Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Loice Achieng Dallas
Applicant
Republic
Respondent
Procedural Posture
Bail Application / Ruling on Application for Bail Pending Trial
Legal Issues
- 1 Whether the applicant has demonstrated a change of circumstances sufficient to warrant a review of the previous order denying bail.
- 2 Whether the risk of interference with prosecution witnesses by the applicant has diminished.
- 3 Whether the applicant remains a flight risk justifying continued denial of bail.
Ratio Decidendi
The court found that the applicant had demonstrated a fundamental change in circumstances since the previous denial of bail. Specifically, the minor witnesses no longer resided with the applicant but with PW1 in Busia, eliminating the real fear of interference with witnesses. The court held that this change sufficiently addressed the concerns that led to the initial denial of bail. Consequently, the court allowed the application and set terms for the applicant's release on bond or cash bail, with strict conditions to prevent contact with prosecution witnesses and ensure attendance at court.
Court Disposition
application allowed; bail granted with conditions
Orders
- The applicant may be released on bond of Kshs 2 million with one surety of a similar amount.
- Alternatively, the applicant may be released on cash bail of Kshs 200,000.
Full Case Text
Judgment text and source record
20 paragraphs
Prosecutor v Dallas (Criminal Case E002 of 2021) [2023] KEHC 296 (KLR) (Crim) (26 January 2023) (Ruling)
Neutral citation: [2023] KEHC 296 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case E002 of 2021
DO Ogembo, J
January 26, 2023
Between
Prosecutor
Republic
and
Loice Achieng Dallas
Accused
Ruling
1. The applicant Loise Achieng Dallashas filed an application herein dated December 3, 2022. The application seeks that the applicant be released on bail. It was submitted that the applicant would not interfere with the prosecution witnesses. That PW1 has since stated that he lives with the witness in Busia. That being a senior officer in government, it is only fair that she be released on bail to go and retire.
2. The prosecution has opposed this application. That bail was denied to first have the minor testify. That the minor is yet to testify. And that the court already found that the applicant is a flight risk, which still remains the case. That there is therefore no change of circumstances to warrant any revision.
3. I have considered this application and the submissions made for and against it. This application is in effect, a revision application seeking a revision of the orders of the court issued on March 29, 2022. In the said ruling of the court, the applicant’s application for bail was dismissed on grounds that some of the prosecution witnesses in fact stay with the applicant and it would be inappropriate to release the accused to go back and stay with the same witnesses. From the evidence of PW1 it is clear that the minor witnesses no longer stay in the house of the accused, but rather with PW1 in Busia. This is a fundamental change in the circumstances of this case in so far as the real fear of interference with the witnesses by the accused has totally diminished.
4. It is for this reason that I find merit in this application dated December 3, 2022. I allow the same and order that the applicant may be released on bond on the following terms;-i)A bond of Kshs 2 million with 1 surety of a similar amount.ii)In the alternative, a cash bail of Kshs 200,000/=iii)If released on bail, the applicant is ordered never to contact and or interfere with any prosecution witnesses, either directly or indirectly till this case is determined.iv)The accused is ordered, it on bond, to attend court at all times as shall be ordered from time to time till this case is determined.It is so ordered.
HON. D. O. OGEMBOJUDGE26TH JANUARY 2023. Court:Ruling read out in open court in the presence of the accuseds, Mr. Ndiso advocate for accused and Ms. Dela for the state.D. O. OGEMBOJUDGE26THJANUARY 2023. Mr. Ndiso:Accused 2 is unwell. We ask that she be taken to hospital.Ms. Dela:We do not object.Court:Accused 2 to be treated.