[2021] KEHC 1459 (KLR)
The court found that the concerns raised by the deceased's family, who are potential witnesses, regarding their safety if the accused is released on bond or bail, constitute compelling reasons to deny the application for review. The court emphasized that while the accused has a constitutional right to bail or bond,...
Source-derived case information.
- Citation
- [2021] KEHC 1459 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Karani Wanyamu
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E022 of 2021
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Bail/bond Denial
- Outcome
- application for review of bail/bond denial declined
- Judges
- MM Kasango
- Legal Topics
- Bail and Bond, Compelling Reasons, Pre Bail Report, Witness Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Evans Karani Wanyamu
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Review of Bail/bond Denial
Legal Issues
- 1 Whether the accused should be released on bond or bail pending trial for murder.
- 2 Whether there are compelling reasons to deny the accused bond or bail at this stage.
Ratio Decidendi
The court found that the concerns raised by the deceased's family, who are potential witnesses, regarding their safety if the accused is released on bond or bail, constitute compelling reasons to deny the application for review. The court emphasized that while the accused has a constitutional right to bail or bond, this right is not absolute and may be limited where there are credible threats to the safety of witnesses or the public. The pre-bail report provided new information that reinforced the court's earlier decision to deny bail, and the court held that it would reconsider the application only after the deceased's family has testified at trial.
Court Disposition
application for review of bail/bond denial declined
Orders
- The application dated 21st July, 2021 for review of the denial of bond or bail is declined.
- The court may reconsider the application after the deceased's family testifies at trial.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E022 OF 2021
BETWEEN
REPUBLIC..........................................................PROSECUTOR
VERSUS
EVANS KARANI WANYAMU................................. ACCUSED
RULING
1. This Court by its Ruling dated 6th July, 2021 declined to order the release of EVANS KARANI WANYAMU on bond or bail pending his trial for the offence of murder. The court declined to release the accused on bond or bail on the basis that it did not have information whether the accused was likely to be harmed by the public if so released.
2. I have considered the affidavit in support of the application. When this Court delivered its Ruling of 6th July, 2021 it did not have the benefit of the pre-bail report. That report is now before court. That report shows that the victim’s family is opposed to the accused being released on bond because they are concerned that the safety of deceased’s daughter and other family members will be compromised by the accused’s release on bond or bail.
3. Although an accused has a righto be released on bond/bail on reasonable condition that right is tempered by discretion given to the court because the court can deny bond/bail where there are compelling reasons. This is what was held in the case REPUBLIC VS. MILTON KABULIT & 60 OTHERS (2011) eKLR thus:-
“My understanding of Section (sic) 49 (1) (g) (h) is firstly, that the right of an arrested person to bond or bail in respect of any offence is solely at the discretion of the court seized of the application. Secondly, the only accused entitled to a right to an automatic bond or bail are those charged with offences (which may be referred to as “petty offences”) the punishment of which if found guilty and convicted) is either a fine only, or imprisonment for a term of less than six months”.
4. The fear expressed by the deceased’s family who are potential witnesses in this case is compelling enough to at this moment to deny the accused’s application for review.
5. Accordingly, the application dated 21st July, 2021 is declined. The court can, on being moved, reconsider the application once the deceased’s family testify at the trial.
RULING DATED AND DELIVERED AT KIAMBU THIS 9TH DAY OF DECEMBER, 2021.
MARY KASANGO
JUDGE
CORAM:
COURT ASSISTANT : MAURICE
FOR DPP :- MS. KATHAMBI/MR. KASYOKA
FOR ACCUSED :- MR. NJEHU
ACCUSED : EVANS KARANI WANYAMU:- PRESENT
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE