[2014] KEHC 322 (KLR)
The court found that although the accused is generally entitled to bond under Article 49(1)(h) of the Constitution, the prosecution provided credible evidence that the accused had attempted to interfere with a key witness. The risk of interference with witnesses constitutes a compelling reason to deny bond. The...
Source-derived case information.
- Citation
- [2014] KEHC 322 (KLR)
- Parties
- Respondent: Republic; Applicant: James Onchore Mokema
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 88 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- application for bond dismissed
- Legal Topics
- Murder Charge, Bail and Bond, Compelling Reasons, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
James Onchore Mokema
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny the accused bond under Article 49(1)(h) of the Constitution.
- 3 Whether the accused is likely to interfere with witnesses if released on bond.
Ratio Decidendi
The court found that although the accused is generally entitled to bond under Article 49(1)(h) of the Constitution, the prosecution provided credible evidence that the accused had attempted to interfere with a key witness. The risk of interference with witnesses constitutes a compelling reason to deny bond. The court gave weight to the prosecution's averments and found that the likelihood of witness interference and the possibility of absconding outweighed the favorable pre-bail assessment report. Consequently, the application for bond was dismissed to preserve the integrity of the trial process and prevent miscarriage of justice.
Court Disposition
application for bond dismissed
Orders
- The accused's application for bond is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 88 OF 2014
REPUBLIC………………………PROSECUTOR
VERSUS
JAMES ONCHORE MOKEMA………..ACCUSED
RULING
On 23rd September the accused person, through his Counsel, Bigogo, applied for bond. The accused is charged with the offence of murder, contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on the 1st September, 2014 at Ebachwa sublocation in Masaba South Sub-county within Kisii County, the accused, James Onchere Mokema jointly with another not before court murdered Robert Abuga Mose. He denies this charge. And he asks the court to grant him bond, to have his case heard and determined while he is at home with the safety of his family.
The provisions which the accused is relying on, is under article 49(1)(h) of the Constitution of Kenya. This provision grants the accused authority to seek bond even in murder offences. It is permissible provided there are no compelling reasons to order otherwise. It is incumbent upon the state to give compelling reasons.
The state- the prosecution has filed today i.e. 03/12/2014 their response to the application for bond. Para.5 thereof they aver that the accused will be in contact with witness. One eye witness namely Richard Okongo Oroni has already been approached by people claiming to have been sent by the accused to ask him to change his testimony or fail to turn up to testify. We believe the applicant will interfere with evidence to be tendered against his lending to miscarriage of justice. In para.8 thereof, the state further states the temptations to abscond or go into hiding if released on bail pending trial is real.
The pre-bail assessment report filed on 14th November, 2014, the accused is 44 years old. He is married. This report favous the accused.
However, having regard to the state’s response, that the accused could interfere with witnesses, the court wishes to dismiss his application for bond.
It is so ordered.
Ruling dated and delivered at KISII this 15th day of December, 2014.
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Bigogo for the applicant.
Majale for the state for the respondent
Edwin Mongare Court Clerk.