[2023] KEHC 27204 (KLR)
The court found that, although the accused has a constitutional right to bail, the prosecution demonstrated a compelling reason to deny bail at this stage: the likelihood of interference with minor witnesses, who are particularly impressionable and susceptible to intimidation. The court balanced the accused's right...
Source-derived case information.
- Citation
- [2023] KEHC 27204 (KLR)
- Parties
- Applicant: Republic; Respondent: James Mpungu Mucee
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E018 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Bail application declined; accused to remain in custody pending testimony of minor witnesses.
- Judges
- EM Muriithi
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Witness Intimidation, Child Witnesses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
James Mpungu Mucee
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny bail, specifically the risk of interference with minor witnesses.
Ratio Decidendi
The court found that, although the accused has a constitutional right to bail, the prosecution demonstrated a compelling reason to deny bail at this stage: the likelihood of interference with minor witnesses, who are particularly impressionable and susceptible to intimidation. The court balanced the accused's right to liberty with the need to protect the integrity of the prosecution's case and the welfare of child witnesses. Accordingly, bail was denied pending the testimony of the minor witnesses, with liberty to renew the application thereafter.
Court Disposition
Bail application declined; accused to remain in custody pending testimony of minor witnesses.
Orders
- The application for bail dated 1/11/2023 is declined.
- The accused may renew the application for bail at a later stage upon testimony of the minor witnesses.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Mucee (Criminal Case E018 of 2023) [2023] KEHC 27204 (KLR) (18 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27204 (KLR)
Republic of Kenya
In the High Court at Chuka
Criminal Case E018 of 2023
EM Muriithi, J
December 18, 2023
Between
Republic
Prosecutor
and
James Mpungu Mucee
Accused
Ruling
Applications 1. This is a ruling on an application by Notice for Motion dated 1/11/2023 made under Article 49(1) (h) of the Constitution for bail pending hearing and determination of the murder case herein.
2. The Applicant Counsel’s supporting affidavit sworn on 1/11/2023 urges the constitutional right to bail states that the applicant is a 63 year old with fixed abode; and is not a flight risk, pointing out that the presented himself at Kathwana Police station following the incident that resulted in the death of the deceased herein and that he has been willing to plead to a lesser charge of manslaughter.
3. The DPP opposes the bail application by an Affidavit filed by the Investigation Officer PC Mourice Okinda of 6/11/2023 urging that the accused had shot an arrow to the chest of a 12 year old who succumbed to her injuries and her grieving family might retaliate against the accused and or the accused might attack the deceased family and their witnesses some of who are minors and may be easily intimidated.
4. Upon considering the application, the court finds a compelling reason to deny bail to the accused in terms of Article 49 (1) (h) of the Constitution, in the likelihood of he accused interfering with the minor witnesses who, the court agrees, may easily be intimidated.
5. The court will balance the accused’s right to bail with the need to afford the prosecution a reasonable opportunity to discharge it constitutional mandate and present its case, whether of murder of manslaughter after plea bargain, without interference by the accused with its minor witnesses, bearing in mind the impressionable nature of child witnesses. The accused’s bail shall, therefore, be denied in he meantime pending the testimony of the minor witnesses.
Orders 6. Accordingly, for the reasons set out above, the court application for bail dated 1/11/2023 is declined.
7. The accused may renew the application for bail at a later stage upon testimony of the minor witnesses.Order accordingly.
DATED AND DELIVERED ON THIS 18TH DAY OF DECEMBER, 2023. EDWARD M. MURIITHIJUDGEAppearances:Ms. Mbithe for the DPP.Mr. Mark Muriithi for the Accused/Applicant.