[2023] KEHC 1974 (KLR)
The court found that the bond terms previously set were reasonable considering the nature of the offence. The court declined to revoke the bond as there was no evidence directly linking the accused to the murder of the key prosecution witness or to interference with witnesses. The court emphasized that it could not...
Source-derived case information.
- Citation
- [2023] KEHC 1974 (KLR)
- Parties
- Applicant: Republic; Respondent: Yunus Athman
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E011 of 2022
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Bond Terms
- Outcome
- Application for review of bond terms dismissed; bond terms remain as previously set.
- Judges
- A. Ong’injo
- Legal Topics
- Bond Review, Bail Conditions, Witness Interference, Murder Allegation
- 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
Republic
Applicant
Yunus Athman
Respondent
Procedural Posture
Criminal Case / Ruling on Application for Review of Bond Terms
Legal Issues
- 1 Whether the bond terms previously set for the accused should be reviewed due to inability to secure sureties.
- 2 Whether the bond should be revoked on allegations of interference with witnesses and involvement in the murder of a key witness.
Ratio Decidendi
The court found that the bond terms previously set were reasonable considering the nature of the offence. The court declined to revoke the bond as there was no evidence directly linking the accused to the murder of the key prosecution witness or to interference with witnesses. The court emphasized that it could not attribute the alleged conduct to the accused in the absence of evidence and was not privy to ongoing investigations or trial regarding the murder of the witness.
Court Disposition
Application for review of bond terms dismissed; bond terms remain as previously set.
Orders
- Bond terms previously set remain in force.
- Application for review of bond terms is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Athman (Criminal Case E011 of 2022) [2023] KEHC 1974 (KLR) (2 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1974 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E011 of 2022
A. Ong’injo, J
March 2, 2023
Between
Republic
Prosecution
and
Yunus Athman
Accused
Ruling
1. The accused herein PC Yunus Athman was granted bond of Kshs1,000,000/= with one Surety of similar amount or bond of Kshs 500,000/= with 2 sureties of similar amount. Other conditions were also attached to the bond terms. On February 7, 2023 Mr Wangila Advocate for accused made an application for review of bond terms for reasons that the accused was unable to secure sureties.
2. The investigating officer James Njuru swore an affidavit seeking that accused persons bond be revoked as he is suspected of having been involved in the murder of the key witness herein and is going to interfere with witnesses.
3. This court has considered the application for review of bond terms and find that they are reasonable considering the offence the accused is alleged to have committed. This court will however not revoke bond terms granted so far as it is not privy to the investigations and/or trial on the murder of the key prosecution witness and cannot attribute it to the accused in absence of evidence.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 2ND DAY OF MARCH 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel- Court AssistantMr. Ngiri for StateMr. Wangila Advocate for accusedMr. Sadika Advocate hold briefHon. Lady Justice A. Ong’injoJudgeOrder : Hearing - 23/3/2023,28/3/202329/3. 2023Hon. Lady Justice A. Ong’injoJudge