[2023] KEHC 23828 (KLR)
The court found that the mere fact that the accused lives near the victim's family and prosecution witnesses does not, by itself, constitute compelling reasons to deny bail. The court noted that two key witnesses, including the deceased's wife, had already testified, significantly reducing the risk of interference....
Source-derived case information.
- Citation
- [2023] KEHC 23828 (KLR)
- Parties
- Applicant: Republic; Defendant: James Deston Leitiko
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted to the accused.
- Judges
- AK Ndung'u
- Legal Topics
- Bail Application, Murder Charge, Compelling Reasons, Witness Interference, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
James Deston Leitiko
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether there are compelling reasons to deny the accused bail in a murder case.
- 2 Whether proximity to witnesses and the victim's family constitutes a risk of interference justifying denial of bail.
Ratio Decidendi
The court found that the mere fact that the accused lives near the victim's family and prosecution witnesses does not, by itself, constitute compelling reasons to deny bail. The court noted that two key witnesses, including the deceased's wife, had already testified, significantly reducing the risk of interference. The pre-bail report indicated no objection from the provincial administration, and the accused's family was willing to provide bail. The court concluded that there were no compelling reasons to deny the accused his constitutional right to bail and therefore admitted him to bail on specified terms.
Court Disposition
Bail granted to the accused.
Orders
- The accused is admitted to bail on a cash bail of KES 500,000 or a personal bond of KES 1,000,000 with a surety of like sum.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Leitiko (Criminal Case E004 of 2023) [2023] KEHC 23828 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23828 (KLR)
Republic of Kenya
In the High Court at Nanyuki
Criminal Case E004 of 2023
AK Ndung'u, J
October 18, 2023
Between
Republic
Prosecutor
and
James Deston Leitiko
Accused
Ruling
1. The Accused herein, James Deston Leitiko, is charged with murder contrary to sections 203 and 204 of the Penal Code. It is alleged in the information dated 03/05/2023 that on 5th April, 2023 at Lariakorok Village in Laikipia North Sub-County within Laikipia County murdered Makini Sakui.
2. On 16/05/2023 the Accused pleaded not guilty to the charge and trial commenced on 11/07/2023. Two prosecution witnesses have already testified. In the meantime, the prosecution counsel indicated to the court that the prosecution is not opposed to bail. Counsel urged the court to consider the victim’s statement while arriving at its decision.
3. I have perused the witness statements and documentary evidence, copies of which were supplied to the court by the prosecution. I have also read the pre-bail report dated 05/07/2023. The report indicates that the provincial administration has no objection to the Accused being released on bail. The Accused family is also willing to bail him out though they will need time to raise the bail/bond terms.
4. The report further indicates that the victim family is opposed to bail on account that they are still in grief and having him out on bond will further aggravate their pain since they live in the same neighborhood with the Accused who lives roughly 200 meters from the victim’s home. That the prosecution witnesses also hail from the same neighborhood so there is fear that he might interfere with the witnesses.
5. I have considered the said report and this court is of the view that the fact that the Accused lives in the same locality as the witnesses does not automatically translate to the assumption that the Accused will interfere with the said witnesses. It is also noteworthy that two key witnesses have already testified especially the Deceased’s wife and therefore the degree of interference with key witnesses is highly diminished.
6. Am satisfied that there are no compelling reasons to warrant the denial of the constitutional right to bail afforded to the Accused. He is admitted to bail in terms: a cash bail of ksh 500,000/= or a personal bond of ksh 1,000,000/= with a surety of like sum.
DATED, SIGNED AND DELIVERED AT NANYUKI THIS 18TH DAY OF OCTOBER 2023A.K. NDUNG’UJUDGE