[2022] KEHC 16503 (KLR)
The court found that the investigating officer's averments regarding the 1st accused's threats to co-accused and likelihood of interfering with witnesses were not controverted by the defence. The risk of interference with witnesses, especially where the main prosecution witnesses are acquaintances of the accused and...
Source-derived case information.
- Citation
- [2022] KEHC 16503 (KLR)
- Parties
- Applicant: Republic; Defendant: John Wanyoike Kibugi Alias Vdj Flex; Defendant: Bredan Mwaura Muchiri; Defendant: Kanaiya Kamau Njoroge; Defendant: Isaac Kariuki Kibue Alas Karish
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E016 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail application declined for 1st accused
- Judges
- RB Ngetich
- Legal Topics
- Bail and Bond, Compelling Reasons, Witness Interference, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Wanyoike Kibugi Alias Vdj Flex
Defendant
Bredan Mwaura Muchiri
Defendant
Kanaiya Kamau Njoroge
Defendant
Isaac Kariuki Kibue Alas Karish
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the 1st accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the 1st accused bail, specifically risk of witness interference and threats to co-accused.
Ratio Decidendi
The court found that the investigating officer's averments regarding the 1st accused's threats to co-accused and likelihood of interfering with witnesses were not controverted by the defence. The risk of interference with witnesses, especially where the main prosecution witnesses are acquaintances of the accused and have allegedly been threatened, constitutes a compelling reason to deny bail. The absence of a fixed abode further increases the risk of absconding and undermines the assurance that the accused will attend trial. Therefore, the application for bail by the 1st accused was declined, with liberty to renew the application if circumstances change.
Court Disposition
bail application declined for 1st accused
Orders
- The 1st accused's bail application is declined.
- The 1st accused may renew his application for bail in the future if circumstances change.
Full Case Text
Judgment text and source record
31 paragraphs
Republic v Kibugi & 3 others (Criminal Case E016 of 2022) [2022] KEHC 16503 (KLR) (15 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16503 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E016 of 2022
RB Ngetich, J
December 15, 2022
Between
Republic
Prosecution
and
John Wanyoike Kibugi Alias Vdj Flex
1st Accused
Bredan Mwaura Muchiri
2nd Accused
Kanaiya Kamau Njoroge
3rd Accused
Isaac Kariuki Kibue Alas Karish
4th Accused
Ruling
1. The accused persons herein were jointly charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Particulars of the charge are that the accused persons jointly murdered Purity Wangeci Karinga on May 13, 2022 at Buriria Estate within Kiambu East Sub-County.
2. The charge was read over and explained to the accused persons on June 9, 2022. Each accused person pleaded not guilty and a plea of not guilty was entered for each accused person.
3. On October 6, 2022, the 2nd, 3rd and 4th accused persons were released on a bond of kshs 500,000/= with a surety of a similar amount. The 1st accused was denied bond in view of compelling reasons stated in affidavit filed. The state counsel stated that they were considering having the 2nd, 3rd and 4th accused as state witnesses.
4. On November 11, 2022, counsel for the 1st accused filed an application seeking the 1st accused to be released on reasonable bail terms.
5. On November 28, 2022 when the matter came up for hearing of the application, Mr Kasyoka counsel for the state was not opposed to the 1st accused being released on reasonable bail terms.
6. On December 1, 2022, the state filed an affidavit sworn by CPL Peter Kingawi who is the investigating officer in this matter. He disposes that he is opposed to the 1st accused being granted bail as the main prosecution witnesses are acquaintances of the accused and there is a likelihood of interference with the witnesses.
7. The investigating officer further averred that the 1st accused has no known address of fixed abode and had threatened to kill the 2nd, 3rd, and 4th accused person if they revealed what had transpired and is apprehensive that their lives may be in danger if the accused is released on bond.
8. Article 49 (1) (h) of the Constitution of Kenya provides that every accused person has a right to be released on reasonable bail terms pending trial unless there are compelling reasons.
9. The investigation officer has stated that there is likelihood of accused interfering with the witnesses being acquaintances. He averred that the 1st accused had threatened to harm and kill accused 2, 3 and 4 if they disclosed the incidents of the commission of the offence. Interference of witnesses is one of the compelling reasons to deny an accused bail and in view of the fact that the averments were not controverted, I am inclined to deny 1st accused bond.
10. Final Orders: -1. The 1st accused bail application is hereby declined.2. The 1st accused may renew his application for bail in the future if circumstances change.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 15TH DAY OF DECEMBER, 2022. ………………………………RACHEL NGETICHJUDGEIn the presence of:Kinyua/Martin – court assistantsMr Kasyoka for stateMr Olieti for 1st accused1st accused – present