[2014] KEHC 6146 (KLR)
The court found that the investigative agencies had been afforded sufficient time to complete their investigations and to apprehend other suspects, yet had made no progress since the applicant's arraignment in October 2012. The court held that continued detention of the applicant solely on the basis of ongoing...
Source-derived case information.
- Citation
- [2014] KEHC 6146 (KLR)
- Parties
- Respondent: Republic; Applicant: Charles Gachau Kamotho
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 86 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bail Review Application
- Outcome
- Application for review of bail denied earlier is granted; applicant admitted to bail with conditions.
- Judges
- CC Kipkorir
- Legal Topics
- Bail Review, Pretrial Detention, Investigative Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Charles Gachau Kamotho
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Review Application
Legal Issues
- 1 Whether continued detention of the applicant is justified due to ongoing investigations and failure to arrest other suspects.
- 2 Whether the applicant is entitled to bail after a prolonged period in custody.
Ratio Decidendi
The court found that the investigative agencies had been afforded sufficient time to complete their investigations and to apprehend other suspects, yet had made no progress since the applicant's arraignment in October 2012. The court held that continued detention of the applicant solely on the basis of ongoing investigations and the failure to arrest other suspects was unjustified. The court reaffirmed that the responsibility to track and arrest suspects rests with the investigative agencies, not the accused. Consequently, the applicant was entitled to bail, subject to conditions ensuring his attendance at trial and compliance with court directions.
Court Disposition
Application for review of bail denied earlier is granted; applicant admitted to bail with conditions.
Orders
- Applicant to pay cash bail of KShs. 1,000,000 or execute bond of KShs. 1,000,000 with two sureties of KShs. 1,000,000 each.
- Applicant to deposit his passport with the court and not leave the jurisdiction without leave of the court.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 86 OF 2012
REPUBLIC ………………....……………………...RESPONDENT
VERSUS
CHARLES GACHAU KAMOTHO ………………...APPLICANT
RULING
The application before me seeks a review of my ruling dated 8th August 2013. In that ruling I denied the applicant bail to allow the investigation time to complete investigations and to track the key suspects whom the prosecution had demonstrated were closely linked to the accused.
In the current application the accused has asked the court to consider that he has been in custody for a considerable period and that the investigators have had sufficient time to complete investigations including tracking and arresting the key suspect in the case. In urging the application, learned defence counsel referred me to this court’s decision in Republic Vs. Dwight Sagaray & 4 others Nairobi Criminal Case No. 61 of 2012 [UR]in which the court held inter alia that the investigation cannot shift its duty of tracking and arresting suspects to an accused person.
The State elected not to oppose the application. In submissions before court, learned prosecution counsel Mr.Okeyo acting on instructions of Ms Gichuhi who is the prosecution counsel in the case admitted that the investigation had to date failed to track and arrest the suspect in question. He only urged the court to impose conditions that would ensure the accused’s attendance at trial.
I have considered the review application. I take the view that the investigation has had adequate time to complete investigations. As I have held before, an accused cannot be held in custody indefinitely on account of the fact that the investigative agencies were yet to track and arrest other suspects. See Republic Vs Dwight Sagaray (supra). In this particular application, it is noteworthy in this case that the applicant was first arraigned in court on 18th October 2012. It appears from the submissions of the prosecution counsel that since then, the investigation have not made any progress in tracking other suspects. Such failure cannot be a ground for denying the applicant bail.
In the premises I admit the applicant to bail on the following conditions. He shall:-
Pay cash bail 1million or alternative execute bond of 1 million and 2 sureties of KShs.1 million each.
Deposit his passport with the court and not leave the jurisdiction of the court without leave of the court.
Report to the CID Head office Nairobi whenever required to do so.
Attend monthly mentions before the Deputy Registrar, the first of such mentions shall be on 17th April, 2014.
Ruling delivered, dated and signed at Nairobi this 17thday of March, 2014
R. LAGAT - KORIR
JUDGE
In the presence of:
……………………..: Court clerk
……………………. : Applicant
……………………..: For the accused/applicant
…………………….: For the State/respondent