[2024] KEHC 15570 (KLR)
The court found that the prosecution failed to provide sufficient evidence that the accused's lack of fixed abode or alleged likelihood of absconding constituted compelling reasons to deny bond. However, the court accepted that the risk of interference with a vulnerable minor witness, who is a close neighbour and...
Source-derived case information.
- Citation
- [2024] KEHC 15570 (KLR)
- Parties
- Applicant: Republic; Defendant: Benard Langat
- Court
- High Court
- Court Station
- High Court at Kilgoris
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E008 of 2024
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond or bail denied until the vulnerable witness has testified.
- Judges
- F Gikonyo
- Legal Topics
- Bail and Bond, Compelling Reasons, Witness Protection
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benard Langat
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the prosecution has established compelling reasons to deny the accused bond or bail pending trial.
- 2 Whether the likelihood of interference with a vulnerable witness justifies limitation of the accused's right to liberty.
Ratio Decidendi
The court found that the prosecution failed to provide sufficient evidence that the accused's lack of fixed abode or alleged likelihood of absconding constituted compelling reasons to deny bond. However, the court accepted that the risk of interference with a vulnerable minor witness, who is a close neighbour and susceptible to manipulation or threats, is a compelling reason to temporarily limit the accused's right to liberty. The court held that the accused should not be released on bond or bail until the testimony of the vulnerable witness is taken, as this limitation meets the constitutional threshold under Article 24 for restricting the right to bail.
Court Disposition
Bond or bail denied until the vulnerable witness has testified.
Orders
- The accused shall not be released on bond or bail until the evidence of the vulnerable witness, ARON LANGAT, is taken.
- The matter is to be fixed for the taking of the evidence of the said witness.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Langat (Criminal Case E008 of 2024) [2024] KEHC 15570 (KLR) (3 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15570 (KLR)
Republic of Kenya
In the High Court at Kilgoris
Criminal Case E008 of 2024
F Gikonyo, J
December 3, 2024
Between
Republic
Prosecution
and
Benard Langat
Accused
Ruling
Bond 1. The prosecution filed an affidavit on compelling reasons sworn by PC Jeremy Levis- one of the investigating offciers in this case.
2. The major reasons cited are; a) interference with witnesses; and b) likelihood of absconding.
3. The defence is of the opinion that reasons cited by the prosecution are not compelling reasons, and that the accused is presumed innocent until proven guilty. He sought his release on bond or bail.
Analysis and determination 4. An accused person has the right ‘to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.’ Art. 49(1)(h) of the Constitution.
5. The prosecution bears the burden of proving ‘compelling reasons’ for the accused person ‘not to be released’ on bond or bail. These are reasons which justify limitation of a right under article 24 of the Constitution.
6. The prosecution has stated that the accused was arrested at Emuria Dikirr whilst fleeing, he has no fixed abode and they have a strong case against him, making him apprehensive and likely to abscond.
7. Merely stating that the accused has no fixed abode is not ipso facto an indication that he will abscond. Without evidence that this factor increases the likelihood of absconding, this should not be encouraged to be a compelling reason for purposes of article 49(1)(h) lest all without a fixed abode should be deemed to be flight risk.
8. Convincing evidence should be adduced to show the accused is a flight-risk, which is lacking here.
9. A more potent ground is likelihood of compromising a witness named ARON LANGAT who is a minor aged six years old and a close neighbour of the accused. Such witness is vulnerable to manipulation or threats by the accused person. The suggestion by the prosecution that the accused should not be released on bond or bail until the said vulnerable witness has testified passes the article 24 test to limit the right to liberty of the accused person.
10. Accordingly, the prosecution has established a compelling reason not to release the accused until the vulnerable witness has testified. The matter be fixed for the taking of the evidence of the said witness.
11. Orders accordingly.
DATED, SIGNED AND DELIVERED AT KILGORIS THROUGH MICROSOFT TEAMS ONLINE APPLICATION THIS 3RD DAY OF DECEMBER, 2024. ........................F. Gikonyo MJudgeIn the presence of: -1. Okeyo for DPP2. Makori h/b for Maito for accused3. Accused4. Nyangaresi C/A