[2014] KEHC 1748 (KLR)
The court found that although the pre-bond report indicated family tension due to the relationship between the accused and prosecution witnesses, the witnesses who are related to the accused have already testified. The remaining witnesses are the doctor and the investigating officer, who are not susceptible to...
Source-derived case information.
- Citation
- [2014] KEHC 1748 (KLR)
- Parties
- Applicant: Republic; Defendant: Mtsumba Mumba; Defendant: Jumaa Mumba Pekeshe
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- bond granted
- Judges
- GO Shikwe
- Legal Topics
- Bail and Bond, Witness Interference, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mtsumba Mumba
Defendant
Jumaa Mumba Pekeshe
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused persons should be granted bond under Article 49(1)(h) of the Constitution of Kenya.
- 2 Whether there is a likelihood of interference with witnesses if the accused are released on bond.
Ratio Decidendi
The court found that although the pre-bond report indicated family tension due to the relationship between the accused and prosecution witnesses, the witnesses who are related to the accused have already testified. The remaining witnesses are the doctor and the investigating officer, who are not susceptible to interference by the accused. Therefore, the ground of possible interference with witnesses does not arise, and there are no compelling reasons to deny bond. The accused are entitled to bond on reasonable terms as provided by the Constitution.
Court Disposition
bond granted
Orders
- Each accused may be released on a bond of Ksh. 500,000 with one surety of similar amount.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 42 OF 2013
REPUBLIC.....…..............................................................….. PROSECUTOR
VERSUS
MTSUMBA MUMBA
JUMAA MUMBA PEKESHE..............................................…ACCUSED
RULING
An oral application for bond was made under article 49(1)(h) of the Constitution of Kenya by Counsel for the Accused Mr. Nabwana.
Mr Jami for the state did oppose the application on the grounds that the Accused persons, the Deceased and the Witnesses were related and there was likelihood of interference with the Witnesses. The Court called for a pre-bond report which though favourable hinted at tension in the family as the prosecution Witnesses are related to the accused persons. The Witnesses who are related to the Accused persons have already testified and the Court was told that the remaining ones are the Doctor and the investigating officer. The issue of interference with Witnesses therefore does not arise.
Each Accused may be released on a bond of Ksh. 500,000/= with one surety of similar amount.
Ruling delivered dated and signed this 13th day of November, 2014.
…...................
M. MUYA
JUDGE
13TH NOVEMBER, 2014
In open Court in the presence of:-
Nabwana for the Accused
Mr. Jami for the State