[2022] KEHC 1858 (KLR)
The court held that the accused is entitled to bail unless compelling reasons are shown. While acknowledging the accused's right to bail, the court found that concerns about witness intimidation and interference with the trial process warranted the imposition of strict bail conditions. The court ordered the state to...
Source-derived case information.
- Citation
- [2022] KEHC 1858 (KLR)
- Parties
- Applicant: Republic; Defendant: Msuya Ngolo Lewis
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E077 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bail
- Outcome
- Accused granted bail with strict conditions.
- Judges
- GL Nzioka
- Legal Topics
- Bail Conditions, Witness Protection, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Msuya Ngolo Lewis
Defendant
Procedural Posture
Criminal Case / Ruling on Bail
Legal Issues
- 1 Whether the accused should be granted bail and on what terms.
- 2 Whether the safety and availability of witnesses can be ensured if the accused is released on bail.
- 3 What measures should be taken to prevent interference with witnesses and the trial process.
Ratio Decidendi
The court held that the accused is entitled to bail unless compelling reasons are shown. While acknowledging the accused's right to bail, the court found that concerns about witness intimidation and interference with the trial process warranted the imposition of strict bail conditions. The court ordered the state to provide lawful protection for witnesses and the deceased's family, and directed an investigation into alleged interference by police officers and a pastor. The accused was granted bond of Kshs. 2 million with one surety of like amount, with the alternative of cash bail to be considered after the investigative report is filed. The accused is prohibited from staying near the...
Court Disposition
Accused granted bail with strict conditions.
Orders
- The accused is released on bond of Kshs. 2 million with one surety of like amount.
- Alternative of cash bail to be considered within two weeks after filing of investigative report.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
HIGH COURT CRIMINAL CASE NO. E077 OF 2021
REPUBLIC .........................................................................PROSECUTOR
VERSUS
MSUYA NGOLO LEWIS...........................................................ACCUSED
RULING ON BAIL
1. Pursuant to the order of the court in the ruling delivered on 11th January, 2022, and taking into account the sentiments and/or the pre-sentence report by the probation department, I note several issues of concern that: -
a) Indeed, the accused deserves to be given the right to bond and on reasonable terms,
b) However, the court also needs to ensure that, he will turn up for trial, and
c) The trial will proceed as scheduled and in that regard, the witnesses will be available as and when required.
2. The challenge that has arisen from the pre-sentence report is the indication that, the witness may not be available due to an alleged intimidation and/or threat. To deal with that concern, I direct as follows:-
a) The state, in this case the ODPP shall forthwith and without delay make arrangements for the lawful protection of the very witnesses under the provisions of the law and in particular the witness protection provisions.
b) In addition, the investigating officer of this matter shall forthwith commence extensive investigation of interference with the matter herein by the officers from Kariobangi and Huruma Police Station and an alleged Pastor. The report of that investigation must be filed in court within two (2) weeks of the date of this order.
c) The family members of the deceased shall be accorded adequate protection from harm (if any). The steps taken in that regard shall be included in the aforesaid report.
3. Having said so, I shall release the accused on bond of Kshs.2 million with one surety of like amounts. The alternative of release of the accused bond cash bail shall be considered within two (2) weeks and after filing of the aforesaid investigative report. In the meantime, if the accused is released from custody, he shall not stay within the vicinity of the occurrence of the offence or the key witnesses and/or family members of the deceased, who are witnesses herein. The investigating officer shall execute and monitor the said order. The orders and conditions on bail terms are subject to review as and when the court is moved or as the cases progresses on.
4. It is so ordered.
DATED, DELIVERED VIRTUALLY AND SIGNED ON THIS 14TH DAY OF FEBRUARY, 2022.
GRACE L. NZIOKA
JUDGE
IN THE PRESENCE OF:-
MS. GICHUKI FOR STATE
MR. D. OMARI & MR. OMAYIO FOR ACCUSED
ACCUSED PRESENT AT NAIROBI REMAND
EDWIN OMBUNA - COURT ASSISTANT