[2015] KEHC 2903 (KLR)

[2015] KEHC 2903 (KLR)

The court found that, although the accused is presumed innocent and entitled to bail, the likelihood of interference with a key witness—his spouse—constitutes a compelling reason to deny bail. The court was not persuaded by the State's argument regarding the accused's safety, as there was no cogent evidence of a...

Source-derived case information.

Citation
[2015] KEHC 2903 (KLR)
Parties
Respondent: Republic; Applicant: Daniel Kipkorir Terer
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
24 September 2015
Case Number
Criminal Case 44 of 2015
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Outcome
application for bail refused
Judges
K Kimondo
Legal Topics
Bail Pending Trial, Compelling Reasons, Witness Interference, Presumption of Innocence
Source Language
english
Criminal Law Bail Pending Trial Compelling Reasons Witness Interference Presumption of Innocence

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Summary, issues, holding and outcome

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Parties

Republic

Respondent

Daniel Kipkorir Terer

Applicant

Procedural Posture

Bail Application / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
  2. 2 Whether there are compelling reasons to deny bail, specifically the risk of interference with witnesses.

Ratio Decidendi

The court found that, although the accused is presumed innocent and entitled to bail, the likelihood of interference with a key witness—his spouse—constitutes a compelling reason to deny bail. The court was not persuaded by the State's argument regarding the accused's safety, as there was no cogent evidence of a threat of revenge. However, the real and substantial risk of interference with the spouse's testimony, given the relationship and circumstances, outweighed the accused's offer to relocate. The gravity of the offence and the proximity of the accused to key witnesses justified the refusal of bail at this stage. The court left open the possibility of a renewed application after the...

Court Disposition

application for bail refused

Orders

  • The application by the accused to be admitted to bail is refused.
  • The accused may renew the application once the spouse or other close relatives have testified.