[2021] KEHC 5382 (KLR)
The court found that the prosecution's concerns regarding possible interference with witnesses, particularly as some are close relatives of the deceased and a minor who witnessed the alleged offence, were unchallenged due to the absence of a replying affidavit from the accused. Additionally, the pre-bail report did...
Source-derived case information.
- Citation
- [2021] KEHC 5382 (KLR)
- Parties
- Applicant: Republic; Defendant: Mutuse Mutinda
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E016 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail denied; accused to remain in custody until chief witnesses testify
- Legal Topics
- Murder Charge, Bail Pending Trial, Witness Interference, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mutuse Mutinda
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be released on bail pending trial.
- 2 Whether there is a likelihood of interference with witnesses if the accused is released.
- 3 Whether the safety of the accused can be guaranteed if released on bail.
Ratio Decidendi
The court found that the prosecution's concerns regarding possible interference with witnesses, particularly as some are close relatives of the deceased and a minor who witnessed the alleged offence, were unchallenged due to the absence of a replying affidavit from the accused. Additionally, the pre-bail report did not specify a safe alternative residence for the accused within Mombasa County, and the court was not satisfied that the accused's safety could be guaranteed if released. Consequently, the court held that it would be safer for the accused to remain in custody until the prosecution presents its chief witnesses, after which the bail application may be reconsidered.
Court Disposition
bail denied; accused to remain in custody until chief witnesses testify
Orders
- The accused shall remain in custody until the prosecution avails its chief witnesses before the court can make an order releasing the accused on bail.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. EO16 OF 2020
REPUBLIC..............................................PROSECUTOR
VERSUS
MUTUSE MUTINDA........................................ACCUSED
R U L I N G
1. The accused Mutuse Mutinda faces a charge of murder contrary to Section 203 as read with Section 204 of the penal code.
2. Particulars are that Mutuse Mutinda on the 23rd day of October 2020 at Miritini estate in Jomvu Sub-County within Mombasa County murdered Judith Mwanzia.
3. The accused pleaded not guilty and a plea of not guilty was entered by the court. The Investigating Officer P.C. Muturi Kalejoha filed an affidavit in which he opposed accused persons release on bail pending trial for reasons that accused is likely to interfere with witnesses some of whom are close relatives of the deceased and deceased 3 years old son who witnessed when he committed the offence.
4. A pre-bail Report was also filed by Rosemary Nyong’a said that in event that accused is released he should be warned to stay away from Miritini in Jomvu as his safety is not guaranteed.
5. The accused persons counsel was to file a replying affidavit but to date there is none in the file and therefore the investigating officer’s concerns have not been objected to. The probation officer has not specified where in Mombasa the accused would reside if released on bond and what would prevent those who are a threat to his life in Jomvu to reach him anywhere else in Mombasa as Jomvu is also in Mombasa County.
6. I do find it will be safe for the accused to remain in custody until the prosecution avails its chief witnesses before the court can make an order releasing the accused on bail.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MOMBASA THIS 27TH DAY OF MAY, 2021.
HON. LADY JUSTICE A. ONG’INJO
JUDGE