[2023] KEHC 20440 (KLR)
The court found that while there were concerns about the accused's safety and potential for interference with witnesses, there was no concrete evidence that the accused would interfere with witnesses, especially given his lack of close relations in the area and his absence from home for five years prior to the...
Source-derived case information.
- Citation
- [2023] KEHC 20440 (KLR)
- Parties
- Applicant: Republic; Defendant: Anthony Mutie Kasyoka
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E003 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Accused granted conditional bond.
- Judges
- TM Matheka
- Legal Topics
- Murder Charge, Bail Application, Pre Bail Report, Witness Interference, Conditional Bond
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Anthony Mutie Kasyoka
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial for murder.
- 2 Whether the safety of the accused and risk of witness interference justify denial or restriction of bail.
Ratio Decidendi
The court found that while there were concerns about the accused's safety and potential for interference with witnesses, there was no concrete evidence that the accused would interfere with witnesses, especially given his lack of close relations in the area and his absence from home for five years prior to the alleged offence. The court determined that these concerns could be adequately addressed by imposing strict conditions on the accused's bail, specifically prohibiting him from visiting his home area or contacting witnesses. Therefore, the accused was granted bond with conditions to ensure both his safety and the integrity of the trial process.
Court Disposition
Accused granted conditional bond.
Orders
- Accused to be released on bond of Kshs 300,000 with one surety of a similar amount.
- Accused not to visit his village, sub location or location, or contact any witnesses during the pendency of the case.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Kasyoka (Criminal Case E003 of 2023) [2023] KEHC 20440 (KLR) (19 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20440 (KLR)
Republic of Kenya
In the High Court at Makueni
Criminal Case E003 of 2023
TM Matheka, J
July 19, 2023
Between
Republic
Prosecution
and
Anthony Mutie Kasyoka
Accused
Ruling
1. Anthony Mutie Kasyoka is charged with murder contrary to section 203 as read with section 204 of thePenal Code (Cap 63), Laws of Kenya. The particulars of the offence are that on the 9th day of January 2023 at Kangemi Village, Ngaamba Location of Mukaa Sub-County within Makueni County murdered Kasyoka Musau aged 76 years.
2. He pleaded not guilty to the charges on March 22, 2023.
3. There was no objection to bond – and both the prosecutor Ms Nyakibia, and pro bono defence counsel Mr Muthiani agreed that the court obtains a Pre bail Report from Probation and Aftercare Services Makueni.
4. On April 19, 2023 the court was told that there were threats on the life of the accused. This information came from the prosecution through Mr Tanui prosecution counsel. Pro bono Counsel Mrs Nyaata for the accused was of the view that the matter of the bond could be relooked into when the tension and hostility toward the accused in the community had gone down.
5. From the report the deceased was the maternal grandfather of the accused who was aged 76 years old.
6. The family is not willing to stand surety for the accused as they are still bitter with him and tensions remain high. According to the local administration, should he show up in his home, the State cannot guarantee his safety.
7. It is alleged he could interfere with witnesses but there is no evidence placed before court he is the last born in the family, he is said to have lived away from home for the last five years before the alleged offence – meaning he has no close relations with people at home. Bond is dis recommended.
8. However in my view the reasons given can be dealt with through conditional bond terms. Hence the accused may be released onbond of Kshs 300,000/= with one surety of a similar amount, on condition that he does not visit his village, sub location or location or contact any of the witnesses during the pendency of this case.
9. In default his bond terms may be canceled and he be remanded in custody.
10. Orders accordingly.
DATED SIGNED AND DELIVERED THIS 19TH DAY OF JULY 2023…………………………………………..MUMBUA T MATHEKAJUDGECA MwiwaAccused presentMr. Tanui for state