[2022] KEHC 2436 (KLR)
The court found that the accused is entitled to bail under Article 49(1)(h) of the Constitution, as there were no compelling reasons established to deny bail. The allegations by the victim's family regarding potential interference with witnesses were not adequately substantiated. The probation pre-bail report...
Source-derived case information.
- Citation
- [2022] KEHC 2436 (KLR)
- Parties
- Applicant: Republic; Defendant: Moses Juma Ogiro; Respondent: Victim's Family
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E052 of 2021
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted_with_conditions
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, 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
Moses Juma Ogiro
Defendant
Victim's Family
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail, specifically risk of interference with witnesses.
Ratio Decidendi
The court found that the accused is entitled to bail under Article 49(1)(h) of the Constitution, as there were no compelling reasons established to deny bail. The allegations by the victim's family regarding potential interference with witnesses were not adequately substantiated. The probation pre-bail report indicated the accused is a responsible individual with strong community and family ties. The court therefore granted bail with conditions to ensure the integrity of the trial process.
Court Disposition
bail_granted_with_conditions
Orders
- Moses Juma Ogiro is granted bond of Kshs.500,000 with one surety of similar amount.
- The accused shall not interfere with prosecution’s witnesses pending hearing of this case.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E052 OF 2021
REPUBLIC..............................................................................PROSECUTOR
VERSUS
MOSES JUMA OGIRO...............................................................ACCUSED
RULING
1. MOSES JUMA OGIRO is charged with offence of murder. He pleaded not guilty. He seeks by his Notice of Motion application dated 5th November, 2021, bond/bail pending his trial.
2. Mr. Kasyoka, the prosecution’s counsel did not oppose the application but sought that the accused’s bond/bail be on condition that he does provide surety.
3. The application was vehemently opposed by victim’s family who allege that the accused, if released, will interfere with prosecution’s witnesses, most of whom were his former colleagues.
4. The accused, by his affidavit in support of the bail application stated that he would not interfere with witnesses.
5. His learned counsels stated that the accused is of humble background and would be unable to raise sureties.
6. I have considered the application and the probation pre-bail report. That report reveals accused is a married man with two children. His family is dependent on him. The report also reveals that the neighbours of the accused regarded the accused as a responsible person. Accused employer spoke highly of him.
7. The accused under Article 49(1)(h) is entitled to be released on reasonable bond/bail, unless there are compelling reasons not to. There are no compelling reasons why accused should not be released.
8. The victim’s family has not adequately proved that indeed accused shall interfere with witnesses.
9. Accordingly, I grant the following orders:-
(a) Moses Juma Ogiro is granted bond of Kshs.500,000/= with one surety of similar amount.
(b) The accused shall not interfere with prosecution’s witnesses pending hearing of this case.
(c) At the reading of this Ruling, a hearing date will be fixed.
RULING DATED AND DELIVERED AT KIAMBU THIS 10TH DAY OF FEBRUARY, 2022.
MARY KASANGO
JUDGE
CORAM:
COURT ASSISTANT : MOURICE
ACCUSED : MOSES JUMA OGIRO : PRESENT
FOR ACCUSED : -MS. WANJIRU NJIHIA H/B MS. NDUNGU
FOR DPP :- MR. KASYOKA AND MR. BENJAMIN
FOR VICTIM’S FAMILY : - MISS MUTHONI MWANGI
COURT
RULING DELIVERED VIRTUALLY.
MARY KASANGO
JUDGE