[2023] KEHC 26246 (KLR)
The court found that the proximate relationship between the accused and the key eyewitness, who is also a victim and the accused's sister, creates a high risk of interference, intimidation, or manipulation if the accused is released on bail. Despite the prosecution's failure to file an affidavit as directed, the...
Source-derived case information.
- Citation
- [2023] KEHC 26246 (KLR)
- Parties
- Applicant: Republic; Defendant: Alfred Kirui
- Court
- High Court
- Court Station
- High Court at Kilgoris
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E006 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bond/bail Application
- Outcome
- Bail denied; accused to remain in custody pending testimony of vulnerable witness.
- Judges
- F Gikonyo
- Legal Topics
- Bail Application, Compelling Reasons, Witness Interference, Victims Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Alfred Kirui
Defendant
Procedural Posture
Criminal Case / Ruling on Bond/bail Application
Legal Issues
- 1 Whether the accused should be released on bond pending trial.
- 2 Whether the prosecution has demonstrated compelling reasons to deny bail, specifically risk of witness interference.
- 3 Whether the rights of a vulnerable witness under the Victims Protection Act warrant denial of bail.
Ratio Decidendi
The court found that the proximate relationship between the accused and the key eyewitness, who is also a victim and the accused's sister, creates a high risk of interference, intimidation, or manipulation if the accused is released on bail. Despite the prosecution's failure to file an affidavit as directed, the oral submissions and the vulnerability of the witness constitute a compelling reason to deny bail at this stage. The court emphasized the need to protect the rights of the victim under the Victims Protection Act and ordered that the accused remain in custody until the vulnerable witness has testified, after which the question of bail may be revisited. The hearing is to be...
Court Disposition
Bail denied; accused to remain in custody pending testimony of vulnerable witness.
Orders
- The accused shall remain in custody during the hearing of the case.
- The hearing shall be fast-tracked.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Kirui (Criminal Case E006 of 2023) [2023] KEHC 26246 (KLR) (6 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26246 (KLR)
Republic of Kenya
In the High Court at Kilgoris
Criminal Case E006 of 2023
F Gikonyo, J
December 6, 2023
Between
Republic
Prosecutor
and
Alfred Kirui
Accused
Ruling
Bond/Bail Application 1. Ms. Pion orally applied on 07. 11. 2023 for the accused to be released on bond. She argued that the accused is a father and sole breadwinner. She added that the accused has been in custody since July 2023. Yet, he enjoys a presumption of innocence. Bail is a right. She urged this court to grant bail on reasonable conditions.
2. The prosecution opposed the release of the accused person herein on bail. Mr. Okeyo, the prosecution counsel stated that the prosecution is yet to file an affidavit on compelling reasons especially since the key witnesses are close relatives of the accused for example the eye witness is the sister of the accused person. Therefore, there is a high risk of interference with witnesses. He requested to file in 7 days.
Directions of the court. 3. This court directed the prosecution to file and serve the affidavit on compelling reasons in 7 days. The defense is to file replies in 7 days of service.
4. The orders above have not been complied with. The prosecution has not filed an affidavit on compelling reasons.
5. The prosecution however, stated that the eye witness is a sister to the accused and is highly likely that he will interfere with her if released. The proximate relationship between the witness and the accused makes her vulnerable to threats, intimidation or manipulation by the accused. The witness is also a victim with rights under section 10 of the Victims Protection Act to be free from fear, intimidation, threat or manipulation which should be protected and upheld by the court.
6. In light thereof, this is a compelling reason not to release the accused on bond. He shall remain in custody during the hearing of the case. Nonetheless, the hearing should be fast-tracked.
7. Vulnerable witness to testify after which bail may be reviewed.
8. Orders accordingly.
DATED, SIGNED, AND DELIVERED AT NAROK THROUGH MICROSOFT TEAMS ONLINE APPLICATION THIS 6TH DAY OF DECEMBER, 2023. -----------------------------F. GIKONYO M.JUDGEIn the Presence of:1. CA – Leken2. M/s. Mireri for Accused - present3. Okeyo for DPP - present