[2022] KEHC 3269 (KLR)
The court found that the key prosecution witness is the child of the deceased, who is also the accused's child. Given the close relationship and the likelihood that the accused's release could instill fear in the child and other close relatives who are witnesses, there is a high risk of interference with the...
Source-derived case information.
- Citation
- [2022] KEHC 3269 (KLR)
- Parties
- Applicant: Republic; Respondent: Thomas Kungu Muturi
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E063 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- application for bond dismissed
- Judges
- RB Ngetich
- Legal Topics
- Bail Application, Compelling Reasons, Witness Interference, Right to Bond
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Thomas Kungu Muturi
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial.
- 2 Whether there are compelling reasons to deny bail under Article 49 of the Constitution.
- 3 Whether the accused is likely to interfere with key prosecution witnesses if released on bond.
Ratio Decidendi
The court found that the key prosecution witness is the child of the deceased, who is also the accused's child. Given the close relationship and the likelihood that the accused's release could instill fear in the child and other close relatives who are witnesses, there is a high risk of interference with the evidence. The court held that these circumstances constitute compelling reasons to deny bail at this stage, prioritizing the integrity of the trial and the protection of vulnerable witnesses over the accused's right to bond. The application for bond was therefore dismissed, with liberty to renew the application at a later stage.
Court Disposition
application for bond dismissed
Orders
- Application for bond is hereby dismissed.
- Accused may renew his bond application at a later stage.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Muturi (Criminal Case E063 of 2021) [2022] KEHC 3269 (KLR) (30 June 2022) (Ruling)
Neutral citation: [2022] KEHC 3269 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E063 of 2021
RB Ngetich, J
June 30, 2022
Between
Republic
Prosecution
and
Thomas Kungu Muturi
Accused
Ruling
1. The accused was charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. Particulars are that on the November 7, 2021 at Kiandutu slums Thika West Sub-County within Kiambu County murdered Nancy Waithera Njeri.
2. The charge and its full particulars were read over to the accused person on December 14, 2021 in the presence of the defence counsel Mr. Marube. He denied the charge and its particulars and plea of not guilty was entered. Justice Kasango called for a pre-bail report. The report was filed on May 27, 2022.
3. The defence counsel Mr. Marube applied for the release of the accused person on bond.
4. The state counsel Mr. Gacharia opposed the bail application and filed an affidavit sworn onJune 7, 2022. It was deponed that the accused is likely to interfere with witnesses if released on bond; the prosecution's key witnesses being the child of the accused person and a close neighbour of the accused. According to the Investigating Officer, it is appropriate to take the testimony of the witnesses before the accused is released on bond.
5. In a rejoinder, on June 9, 2022, the accused through his counsel Mr. Marube states the accused is not a flight risk and he is not likely to interfere with the prosecution witnesses.
6. I have perused the pre- bail report. The family of the accused is willing to support the accused if released on bond. The local administration have not interacted with the accused and did not comment on his conduct. The victim’s family is opposed to the accused being granted bail for fear of interfering with witnesses.
7. From the record, I note the key witness is the child of the deceased who knew the accused as the father. I have no doubt the accused will most likely instill fear in the child and other key witnesses who are close relatives of the deceased.
8. There is no doubt that every accused person is entitled to bond pending trial as provided by Article 49 of the Constitution. The right to bond can however be curtailed if there are compelling reasons.
9. From the foregoing, the fact that one of the key witnesses is accused’s child,there are high chances accused being out may instill fear in the child and he may fear to testify or his evidence may be interfered with. For that reason I am of the view that it will not be safe/appropriate to release accused on bond at this stage.
FINAL ORDERS:- 10. 1.Application for bond is hereby dismissed.2. Accused may renew his bond application at a later stage.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBUTHIS 30TH DAY OF JUNE, 2022. ………………………………RACHEL NGETICHJUDGEIn the Presence of:Kinyua – Court AssistantNo appearance for AccusedAccused – Present