[2023] KEHC 23989 (KLR)

[2023] KEHC 23989 (KLR)

The court found that the prosecution had demonstrated compelling reasons to deny the accused bail. The accused was on the run for over two years after the alleged offence, changed his appearance, and was difficult to trace, indicating he is a flight risk without a fixed abode. The court distinguished the cases cited by the defense, noting that the circumstances were not comparable. The right to bail is not absolute, and the prosecution met its burden to show compelling reasons. However, the court noted the delay in the trial and provisionally denied bail, allowing for a review if no witness testifies within two months or after four witnesses have testified.

Citation
[2023] KEHC 23989 (KLR)
Parties
Applicant: Republic; Respondent: Francis Kinyua Gitonga
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 October 2023
Case Number
Criminal Case E097 of 2021
Procedural Posture
Criminal Case / Ruling on Bail/bond Application Pending Trial
Outcome
Bail/bond application provisionally denied; accused to remain in custody pending trial, with liberty to apply for review if no witness testifies within two months or after four witnesses have testified.
Judges
DR Kavedza
Legal Topics
Bail and Bond, Flight Risk, Compelling Reasons, Murder Charge
Source Language
English
Criminal Law Bail and Bond Flight Risk Compelling Reasons Murder Charge

Case Brief

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Parties

Republic

Applicant

Francis Kinyua Gitonga

Respondent

Procedural Posture

Criminal Case / Ruling on Bail/bond Application Pending Trial

Legal Issues

  1. 1 Whether the accused is entitled to bail/bond pending trial for murder.
  2. 2 Whether the prosecution has demonstrated compelling reasons to deny bail/bond to the accused.

Ratio Decidendi

The court found that the prosecution had demonstrated compelling reasons to deny the accused bail. The accused was on the run for over two years after the alleged offence, changed his appearance, and was difficult to trace, indicating he is a flight risk without a fixed abode. The court distinguished the cases cited by the defense, noting that the circumstances were not comparable. The right to bail is not absolute, and the prosecution met its burden to show compelling reasons. However, the court noted the delay in the trial and provisionally denied bail, allowing for a review if no witness testifies within two months or after four witnesses have testified.

Court Disposition

Bail/bond application provisionally denied; accused to remain in custody pending trial, with liberty to apply for review if no witness testifies within two months or after four witnesses have testified.

Orders

  • The application for bail/bond by the accused is provisionally denied until four witnesses have testified.
  • If within two months no witness has testified, the accused may apply for review of the orders.