[2015] KEHC 5490 (KLR)
The court found that although all civilian witnesses had testified, and thus the original ground for denying bail (risk of witness interference) had been addressed, the interests of justice in this particular case would be better served by fast tracking the trial to its conclusion rather than granting bail at this...
Source-derived case information.
- Citation
- [2015] KEHC 5490 (KLR)
- Parties
- Applicant: No.58556 Sgt. Albert Njiru; Applicant: No.91232 P.C. Elijah Kimoi; Applicant: No.85385 Job James Weru; Applicant: No.77499 P.C. Daniel Pakar Matunge; Applicant: No.86231 P.C. Stephen Ariga; Applicant: No.83103 P.C. Kennedy Ominde; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 79 of 2012
- Procedural Posture
- Criminal Case / Ruling on Review Application for Bail
- Outcome
- application dismissed
- Judges
- CC Kipkorir
- Legal Topics
- Bail Review, Pretrial Release, Witness Interference, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
No.58556 Sgt. Albert Njiru
Applicant
No.91232 P.C. Elijah Kimoi
Applicant
No.85385 Job James Weru
Applicant
No.77499 P.C. Daniel Pakar Matunge
Applicant
No.86231 P.C. Stephen Ariga
Applicant
No.83103 P.C. Kennedy Ominde
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Review Application for Bail
Legal Issues
- 1 Whether the applicants should be granted bail after all civilian witnesses have testified.
- 2 Whether the change in circumstances justifies granting bail at this stage of proceedings.
Ratio Decidendi
The court found that although all civilian witnesses had testified, and thus the original ground for denying bail (risk of witness interference) had been addressed, the interests of justice in this particular case would be better served by fast tracking the trial to its conclusion rather than granting bail at this stage. The court emphasized that the finding of a case to answer is not a determination of guilt, but the change in circumstances did not outweigh the need for an expeditious conclusion of the trial. Accordingly, the application for review of bail was dismissed.
Court Disposition
application dismissed
Orders
- The review application for bail is dismissed.
- The trial shall be fast tracked to conclusion.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 79 OF 2012
REPUBLIC............................................................................RESPONDENT
VERSUS
1. NO.58556 SGT. ALBERT NJIRU.................................1ST APPLICANT
2. NO.91232 P.C. ELIJAH KIMOI....................................2ND APPLICANT
3. NO.85385 JOB JAMES WERU..................................3RD APPLICANT
4. NO.77499 P.C. DANIEL PAKAR MATUNGE..............4TH APPLICANT
5. NO.86231 P.C. STEPHEN ARIGA............................. 5TH APPLICANT
6. NO.83103 P.C. KENNEDY OMINDE...........................6TH APPLICANT
R U L I N G
The application before me is a review application by all six accused persons seeking to be released on bail. In the ruling dated 20th March 2014 the court denied the applicants bail after considering that the civilian witnesses may be intimidated and/or interfered with by the accused. The court also held after considering the circumstances of the case that the interests of justice in the case would be served by fast tracking the trial to conclusion. The present application has been argued on the ground that all the civilian witnesses have now testified.
I have carefully considered the application. The record shows that all civilian witnesses have testified in this matter. Indeed all witnesses have testified and the court, after considering the evidence on record, has found that the accused have a case to answer. Such a finding is not a determination on the guilt of the accused. However, I consider that the circumstances in this case have changed; and, although an accused person may be granted bail at any stage of the proceedings, the interests of justice in this case shall be served by fast tracking the case to conclusion.
The review application is thus dismissed.
Orders accordingly.
Ruling delivered, dated and signed at Nairobi this 24thday ofFebruary, 2015
R. LAGAT - KORIR
JUDGE
In the presence of:-
1st, 2nd, 3rd,4th & 5th Applicants
……………………..: Court clerk
……………………..: For the 1st accused/applicant
……………………..: For the 2nd accused/applicant
……………………..: For the 3rd accused/applicant
……………………..: For the 4th accused/applicant
……………………..: For the 5th accused/applicant
……………………..: For the 6th accused/applicant
…………………….: For the State/respondent