[2014] KEHC 321 (KLR)
The court denied the application for bond on two main grounds: first, the potential risk of harm to the children who have already testified against the accused, as there is evidence of prior threats made by the accused towards them; and second, the risk that the accused, being aware of the progress and near...
Source-derived case information.
- Citation
- [2014] KEHC 321 (KLR)
- Parties
- Respondent: Republic; Applicant: David Ngasora Nyamongo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 90 of 2010
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- application for bond denied
- Legal Topics
- Bail Application, Witness Protection, Flight Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
David Ngasora Nyamongo
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be granted bond pending the conclusion of the criminal trial.
- 2 Whether the release of the accused poses a risk to witnesses who have already testified.
- 3 Whether there is a risk of the accused absconding if released on bond.
Ratio Decidendi
The court denied the application for bond on two main grounds: first, the potential risk of harm to the children who have already testified against the accused, as there is evidence of prior threats made by the accused towards them; and second, the risk that the accused, being aware of the progress and near conclusion of the case, may abscond if released on bond. The court found these to be compelling reasons justifying continued detention, especially given that the trial is almost complete and the accused will soon know the outcome.
Court Disposition
application for bond denied
Orders
- The application for bond by the accused is denied.
- The accused shall remain in custody pending the conclusion of the trial.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 90 OF 2010
REPUBLIC………………………………….PROSECUTOR
VERSUS
DAVID NGASORA NYAMONGO……………………….ACCUSED
RULING
This will be the third application for bond. The first application was dated 7th November, 2011. It was denied in the ruling of the court, justice Langat-Korir on 4th June, 2012. The second application for bail was denied on 19th December, 2013.
The hearing is on, I am informed that only one of two witnesses remain for the hearing to conclude.
Members of the accused’s families are some of those that have given evidence in this hearing. In particular I allude to paragraph 8 of Justice Sitati’s ruling. I quote:
“There is evidence on record that the 1st accused, has already issued threats to his daughter one Jackline Moraa and her brother Duke Arasa Nyamongo. Jackline Moraa swore an affidavit filed on 20th February, 2012 confirming the threats and also wrote a letter dated 30th January, 2012 to the state”.
The state did not seem to oppose this application for the accused to be released on bond. He concurred, surprisingly, with the defence counsel that since the witnesses, who the court earlier feared, were going to be interfered with, there seems to be no interference now that they have already testified.
However, the concern of the court are two:
The release of the accused could bring harm to the children who have already testified against their father. On this basis, the court refuses bond to the accused.
The accused knowing the way the case is unfolding, he could take a chance and take a flight, disappearing completely. Equally on this basis, the court denies bond.
The hearing is near conclusion, the accused has been in custody for such a long time that one or two months is no big deal. He will soon know his fate.
It is so ordered.
Ruling dated, delivered at KISII on this 8th day of December, 2014
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Omondi holding brief for Soire for the applicant
N/A for the respondent
Edwin Mongare Court Clerk.