[2019] KEHC 10391 (KLR)
The court found that the accused had previously absconded during trial in the lower court, indicating a real risk of flight if released on bail. The pre-bail report corroborated concerns that the accused had no fixed abode and that witnesses feared for their safety, supporting the prosecution's argument that he...
Source-derived case information.
- Citation
- [2019] KEHC 10391 (KLR)
- Parties
- Applicant: Republic; Defendant: Isaac Wafula Lukhale
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2017
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Application for bail declined.
- Judges
- DN Musyoka, CM Njagi
- Legal Topics
- Bail Pending Trial, Flight Risk, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Isaac Wafula Lukhale
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused should be released on bond pending trial.
- 2 Whether the accused poses a flight risk if released on bail.
- 3 Whether there is a real risk of interference with witnesses if the accused is released.
Ratio Decidendi
The court found that the accused had previously absconded during trial in the lower court, indicating a real risk of flight if released on bail. The pre-bail report corroborated concerns that the accused had no fixed abode and that witnesses feared for their safety, supporting the prosecution's argument that he could interfere with witnesses. These factors constituted compelling reasons to deny bail, and the application for release on bond pending trial was therefore declined.
Court Disposition
Application for bail declined.
Orders
- The accused shall remain in custody pending trial.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL CASE NO. 25 OF 2017
REPUBLIC...................................................................DPP
VERSUS
ISAAC WAFULA LUKHALE.........................ACCUSED
RULING
1. The accused is charged with murder contrary to section 203 of the Penal Code as read with section 204 of the Penal Code, Cap 63, Laws of Kenya. The particulars of the offence allege that on 4th May 2013 at Mumbita Village, Mumbita Sub- Location of Emuhaya District within Vihiga County, jointly with others not before the court, he murdered Ibrahim Shillo. He pleaded not guilty to the charge.
2. What I am called upon to determine is his application for release on bond pending hearing. The application was opposed by the state on grounds that the accused could interfere with witnesses and was a flight risk. Interfering with witnesses because he was an ex-police officer, and flight risk because he had absconded when he was released on bond with regard to a case that was before the lower court but which was subsequently terminated, and the accused charged afresh in these proceedings.
3. Before ruling on the matter, the court called for a pre-bail report. The pre-bail report has been filed. It is not favourable to the accused person. It raises concerns with fact that the accused appears to be a person with no fixed abode, and that witnesses feared for their safety.
4. I have perused through the entire record. I have considered the pre-bail report too. My attention has been drawn to the fact that the accused person had absconded during the trial at the lower court. The concerns raised by the state regarding his capacity to interfere with witnesses appear to tally with the statement by the probation office, that witnesses were worried about safety should he be admitted to bail. I am persuaded that the accused would be a flight risk should he be admitted to bail. On that account, I hereby decline the application to have him realised on bail pending trial.
PREPARED, DATED AND SIGNED AT KAKAMEGA THIS 31st DAY OF January, 2019
W. MUSYOKA
JUDGE
DELIVERED, DATED AND SIGNED AT KAKAMEGA THIS 7th DAY OF February2019
J. NJAGI
JUDGE