[2014] KEHC 711 (KLR)
The court found that, although bail is a constitutional right, it may be denied where compelling reasons exist. In this case, the accused were charged with the murder of close relatives, and most prosecution witnesses were also relatives and neighbours. The court considered the risk of interference with witnesses...
Source-derived case information.
- Citation
- [2014] KEHC 711 (KLR)
- Parties
- Applicant: Republic; Defendant: Benard Isaboke Keragia; Defendant: Patrick Ondieki Ong'ang'a
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 133 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Bail denied; accused to remain in custody pending trial.
- Judges
- J Wakiaga
- Legal Topics
- Bail Pending Trial, Compelling Reasons for Bail Denial, Witness Interference, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benard Isaboke Keragia
Defendant
Patrick Ondieki Ong'ang'a
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused persons should be released on bond pending trial.
- 2 Whether there are compelling reasons to deny bail under Article 49 of the Constitution.
- 3 Whether the safety of the accused and risk of interference with witnesses justify denial of bail.
Ratio Decidendi
The court found that, although bail is a constitutional right, it may be denied where compelling reasons exist. In this case, the accused were charged with the murder of close relatives, and most prosecution witnesses were also relatives and neighbours. The court considered the risk of interference with witnesses and the potential for intimidation if the accused were released. Additionally, the investigating officer's affidavit and the pre-bail report indicated that the accused's lives would be at risk if released, given the volatile situation in the community. The court concluded that these factors constituted compelling reasons to deny bail at this stage, and that the interests of...
Court Disposition
Bail denied; accused to remain in custody pending trial.
Orders
- The accused persons shall remain in custody pending the trial and determination of the case.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE (MURDER) NO.133 OF 2013
REPUBLIC …................................................................................................. PROSECUTOR
VERSUS
BENARD ISABOKE KERAGIA …................................................................ 1ST ACCUSED
PATRICK ONDIEKI ONG'ANG'A …............................................................ 2ND ACCUSED
RULING
The accused persons faces the charge of murder and have pleaded not guilty to the said charges. In exercising their rights under Article 50 of the Constitution of Kenya 2010 the accused persons moved the court to be released on bond pending trial.
In reply to the said application, the state filed an affidavit through PC DANIEL OKOTH OLUOCH which he deponed that if the accused persons are released on bail their lives will be in danger as the situation is highly volatile the same having been rescued from the members of the public who wanted to lynch them after the alleged commission of the offence.
It was further deponed that there is a high possibility of the accused persons being in contact with the witnesses most of whom are their relatives and neighbours and that the accused persons might interfere with evidence.
To assist the court in determining the application, the court ordered pre-bail report which has now been filed in respect of 1st accused – Benard Isaboke in which it was submitted that the deceased's family are not ready to admit him at home having been accused of the murder of his brother while the second accused is his uncle.
Whereas bail is now a Constitutional Right of all accused persons which can only be denied upon compelling reasons, I have noted that though the accused persons are presumed to be innocent at this stage. They are accused of the murder of brother and nephew respectively and most of the prosecution witnesses will be their relatives and therefore if released on bond at this state, there is a real likelihood of the accused persons' presence at the home intimidating and interfering with the said witnesses.
Since the investigating officer has deponed that the lives of the accused persons might be in danger if released on bond at this stage, I find that it will not be in the interest of justice to release the accused persons on bond at this stage.
I therefore find that the State has provided compelling reasons to deny the two accused bond and hereby order that the accused be in custody pending the trial and determination of his case.
Signed and dated 20th day of November, 2014
J. WAKIAGA
JUDGE
In the presence of:-
Okenye for Sagwe for Accused
Mr. Majale for State