[2016] KEHC 3613 (KLR)
The court found that the prosecution's submission that the accused is likely to threaten witnesses, some of whom have not yet testified, constitutes a compelling reason under Article 49(6) of the Constitution of Kenya, 2010. The court held that this risk outweighs the accused's right to bail, and therefore, the...
Source-derived case information.
- Citation
- [2016] KEHC 3613 (KLR)
- Parties
- Respondent: Republic; Applicant: Isaac Kariuki Kithinji
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2015
- Procedural Posture
- Criminal Case / Ruling on Renewed Bail Application Pending Trial
- Outcome
- renewed application for bail pending trial refused
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Witness Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Isaac Kariuki Kithinji
Applicant
Procedural Posture
Criminal Case / Ruling on Renewed Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a murder charge.
- 2 Whether the likelihood of threatening witnesses constitutes a compelling reason to deny bail.
Ratio Decidendi
The court found that the prosecution's submission that the accused is likely to threaten witnesses, some of whom have not yet testified, constitutes a compelling reason under Article 49(6) of the Constitution of Kenya, 2010. The court held that this risk outweighs the accused's right to bail, and therefore, the renewed application for bail pending trial must be refused. The court reaffirmed its earlier decision to deny bail, emphasizing the need to protect the integrity of the trial process and the safety of witnesses.
Court Disposition
renewed application for bail pending trial refused
Orders
- The accused's renewed application for release on bail/bond pending hearing and determination of his trial is refused.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL CASE NO. 22 OF 2015
REPUBLIC .....................................PROSECUTION
VERSUS
ISAAC KARIUKI KITHINJI....................ACCUSED
RULING
1. Counsel for the accused has re-applied for bail pending trial in respect of murder contrary to Section 204 as read with section 203 of Penal Code (Cap 63) Laws of Kenya. I had dismissed his application on bail pending trial in respect of the same offence on 7th December 2015.
2. The basis of his renewed application according to his counsel is that the applicant/accused now understands the consequences of his actions if he does not abide by the terms to be imposed by the court.
3. Counsel for the prosecution has opposed his application for bail. She submitted that the accused/applicant is likely to threaten witnesses some of whom have not testified.
4. I have reconsidered the application in the light of the applicable law in particular Article 49 (6) of the 2010 Constitution of Kenya. I have come to the conclusion that the issue of threatening witnesses is a compelling reason which disentitles the grant of bail to the accused/applicant.
5. In the circumstance, I hereby refuse his renewed application for release on bail/bond pending hearing and determination of his trial in respect of the murder charge.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this30thday of JUNE .2016
In the presence of Ms Mbae for state and Ms Muriuki for accused
Court clerk Njue
J.M BWONWONGA
JUDGE
30. 06. 16