[2022] KEHC 16923 (KLR)
The court found that, although the accused is presumed innocent and entitled to bail, there are compelling reasons to deny bail at this stage. The key witness is the accused's ten-year-old step-daughter, and the risk of interference is not far-fetched given the familial relationship and proximity. The accused's...
Source-derived case information.
- Citation
- [2022] KEHC 16923 (KLR)
- Parties
- Applicant: Republic; Respondent: Alvin Alukhava Conrad Alias Sadat
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E086 of 2022
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail denied at this stage, application to be renewed after key witness testifies
- Judges
- K Kimondo
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Witness Interference, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Alvin Alukhava Conrad Alias Sadat
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under the Constitution and Criminal Procedure Code.
- 2 Whether there are compelling reasons to deny bail, including risk of witness interference and security concerns.
Ratio Decidendi
The court found that, although the accused is presumed innocent and entitled to bail, there are compelling reasons to deny bail at this stage. The key witness is the accused's ten-year-old step-daughter, and the risk of interference is not far-fetched given the familial relationship and proximity. The accused's proposed relocation to Eldoret does not sufficiently mitigate this risk. Additionally, there are security concerns for the accused due to threats from a lynch mob, but these could be addressed by relocation. Balancing the rights of the accused and the need to protect the integrity of the trial, the court refused bail at this stage but allowed for the application to be renewed after...
Court Disposition
bail denied at this stage, application to be renewed after key witness testifies
Orders
- Bail is refused at this stage.
- The motion for bail may be renewed after the ten-year-old step-daughter has testified.
Full Case Text
Judgment text and source record
31 paragraphs
Republic v Conrad (Criminal Case E086 of 2022) [2022] KEHC 16923 (KLR) (Crim) (28 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16923 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case E086 of 2022
K Kimondo, J
December 28, 2022
Between
Republic
Prosecutor
and
Alvin Alukhava Conrad Alias Sadat
Accused
Ruling
1. The accused seeks for bail pending trial. His learned counsel, Ms Manyaga, first made the application on December 20, 2022.
2. The republic opposed the application but sought for time to file a replying affidavit which has since been made by the investigating officer, corporal Christopher Njue. His deposition is sworn on December 23, 2022.
3. On December 28, 2022, I heard further submissions from the learned counsel for the accused and the republic.
4. In a synopsis, learned counsel for the accused submitted that bail is a constitutional right; and, that the accused is deemed innocent at this stage. In particular, she stated that the accused has languished in custody since December 2, 2022. She submitted that he is unlikely to interfere with any witness and that arrangements have been made by the family to relocate him to Eldoret. She attacked the conclusions in the replying affidavit as mere conjecture.
5. In a synopsis, learned counsel submitted that that there are no compelling reasons for denial of bail.
6. As I indicated, the Director of Public Prosecutions opposed the application. The objections are three-fold: Firstly, that the key witness is a ten-year-old step-daughter of the accused.; secondly, that there are other witnesses well-known to the accused who reside at the locus in quo; and, lastly, that the security of the accused is not guaranteed.
7. I take the following view of the matter. The accused faces the grave charge of murder. The Director of Public Prosecutions informs the High Court that on the night of 27th and 28th November 2022 at Githurai 44 in Kasarani Sub-County within Nairobi County he murdered Florence Kaari Mbae.
8. Those remain allegations; and the accused is presumed innocent at this moment. Under article 49 (1) (h) of the Constitution, as read together with section 123 A (1) of the Criminal Procedure Code, he is entitled to bail unless there be compelling circumstances.
9. Regarding the phrase, compelling reasons, I am well guided by the decision of Gikonyo J in Republic v Joktan Mayende & 3 others, High Court, Bungoma Criminal Case 55 of 2009 [2012] eKLR where the learned judge stated-But more light is shed by the Black's Law Dictionary 7th Edition. And accordingly, the phrase compelling reasons would denote reasons that are forceful and convincing as to make the court feel very strongly that the accused should not be released on bond. Bail should not therefore be denied on flimsy grounds but on real and cogent grounds that meet the high standard set by the Constitution.
10. The overarching objective of bail is to ensure the accused attends trial. See Michael Juma Oyamo & another v Republic [supra]; Muraguri v Republic [1989] KLR 181; R v Fredrick Ole Leliman & 4 others, Nairobi High Court Criminal Case 57 of 2016 [2016] eKLR.
11. The Victims Protection Act 2014 now requires that the views of the victim’s family be considered at this stage.
12. When I juxtapose those principles against the facts here, I find further as follows. The deceased was the wife of the accused. They had two children. The older one, is ten and is lined up to testify at the trial. It would be simplistic to say that she will be beyond the reach or influence of the accused merely because she has recorded a statement; or, because the accused can relocate to Eldoret. I have thus reached the conclusion that that the likelihood of interference with the witnesses is not far-fetched.
13. I also note from paragraph 6 of the replying affidavit that a lynch mob wanted to kill the accused. That would also be a compelling reason for denial of bail but it can be mitigated by the accused’s relocation to Eldoret.
14. However, the court must strike a delicate balance that protects the rights of the accused but ensure that the course of justice is not frustrated.
15. I accordingly refuse to grant bail at this stage but direct that the motion be renewed after the ten-year-old step-daughter has testified. To further secure the rights of the accused, and in the interests of justice, I direct that that this trial shall be fast-tracked.It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 28TH DAY OF DECEMBER 2022. KANYI KIMONDOJUDGERuling read virtually on Microsoft Teams in the presence of-Accused.Ms. Manyaga for the accused.Ms. Kigira for the Republic instructed by the Office of the Director of Public Prosecutions.Mr. E. Ombuna, Court Assistant.