[2017] KEHC 5442 (KLR)
The court held that since a previous determination on the bail application had been made and the circumstances have now changed with the testimony of the three vulnerable witnesses, the accused cannot rely on the same application to seek review. A formal application for review of bail is required to allow the...
Source-derived case information.
- Citation
- [2017] KEHC 5442 (KLR)
- Parties
- Respondent: Republic; Defendant: Antony Gachoki Muguongo
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Murder Case 8 of 2013
- Procedural Posture
- Criminal Murder / Ruling on Oral Bail Application
- Outcome
- application declined
- Judges
- LW Gitari
- Legal Topics
- Bail Application, Murder Trial, Vulnerable Witnesses, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Antony Gachoki Muguongo
Defendant
Procedural Posture
Criminal Murder / Ruling on Oral Bail Application
Legal Issues
- 1 Whether the accused can be considered for release on bond based on an oral application after three vulnerable witnesses have testified.
- 2 Whether a formal application for review of bail is required after circumstances have changed.
Ratio Decidendi
The court held that since a previous determination on the bail application had been made and the circumstances have now changed with the testimony of the three vulnerable witnesses, the accused cannot rely on the same application to seek review. A formal application for review of bail is required to allow the prosecution an opportunity to respond. The oral application was therefore declined, and the accused was directed to file a formal application if he wishes to pursue release on bond.
Court Disposition
application declined
Orders
- The oral application for release on bond is declined.
- The accused is directed to file a formal application for review of bail if he wishes to pursue release.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
CRIMINAL MURDER NO. 8 OF 2013
REPUBLIC…………………………………..……………………PROSECUTOR
-VERSUS-
ANTONY GACHOKI MUGUONGO……….….……………..................ACCUSED
RULING
The Counsel for the accused Mr. Kiguru Kahiga made an application that the Court do consider releasing the accused on bond. This is based on the ground that previously the accused had applied for bail and a ruling by Hon. Justice Limo directed that the issue of bond be revisited after three vulnerable witnesses have testified. That the three vulnerable witnesses have testified and the Court should now consider the application. That the accused has a fixed abode. He operates a workshop and is ready to abide by all the conditions the court may set.
In response the prosecution counsel submits that if the accused wishes to renew the application, he should file a formal application to give them a chance to respond.
I have considered the application. I have also perused the ruling by my brother Justice Limo. He was of the view that the accused could review the application to be released on bond after the three vulnerable witnesses have testified. The upshot was that he declined to allow the application dated 26th June, 2015.
I am inclined to agree with the prosecuting counsel Mr. Sitati that the application was spent. The accused cannot rely on the same application to review the application. A determination on the application was made. The witnesses have testified which means that the circumstances have changed. I am agreeable that the accused should file a formal application for review of bail application should be filed. This will give the prosecution a chance to respond.
I decline to consider the application as presented. The accused to file a formal application.
Dated and delivered at Kerugoya this 21st day of April, 2017.
L. W. GITARI
JUDGE
21. 4.2017
Ruling read in the presence of accused, Mr. Sitati State Counsel, M/S
Murage Court Assistant this 21st day of April, 2017.
L. W. GITARI
JUDGE
21. 4.2017