[2024] KEHC 15127 (KLR)
The court found that, although the Constitution guarantees the right to bail and presumption of innocence, the pre-bail reports prepared by the Probation Officer indicated that the safety of the accused persons could not be guaranteed if they were released on bond. The accused and the deceased are from the same...
Source-derived case information.
- Citation
- [2024] KEHC 15127 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Keya Mwanzi; Defendant: Alfred Mutua Pondo; Defendant: Harry Tony Pachanga
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E007 of 2024
- Procedural Posture
- Criminal Case / Ruling on Oral Bail Application
- Outcome
- Bail application deferred; accused persons remanded in custody.
- Judges
- AN Ongeri
- Legal Topics
- Bail Application, Pretrial Detention, Presumption of Innocence, Compelling Reasons, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Keya Mwanzi
Defendant
Alfred Mutua Pondo
Defendant
Harry Tony Pachanga
Defendant
Procedural Posture
Criminal Case / Ruling on Oral Bail Application
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial.
- 2 Whether the safety of the accused persons constitutes a compelling reason to deny bail.
Ratio Decidendi
The court found that, although the Constitution guarantees the right to bail and presumption of innocence, the pre-bail reports prepared by the Probation Officer indicated that the safety of the accused persons could not be guaranteed if they were released on bond. The accused and the deceased are from the same village, and there is palpable tension among the parties interviewed. The court held that these circumstances amount to a compelling reason to defer the bail application in the interest of the accused persons' safety. Consequently, the application for bail was not granted at this time, and the matter was deferred for review at a later date when circumstances may have changed.
Court Disposition
Bail application deferred; accused persons remanded in custody.
Orders
- Bail application held in abeyance until circumstances change.
- Prosecution to serve defence with all statements and documents to be relied upon.
Full Case Text
Judgment text and source record
32 paragraphs
Republic v Mwanzi & 2 others (Criminal Case E007 of 2024) [2024] KEHC 15127 (KLR) (7 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15127 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Case E007 of 2024
AN Ongeri, J
November 7, 2024
Between
Republic
Prosecutor
and
Samuel Keya Mwanzi
1st Accused
Alfred Mutua Pondo
2nd Accused
Harry Tony Pachanga
3rd Accused
Ruling
1. I have considered the submissions by both parties in the oral application for bail made by the Learned Counsel for the Accused persons.
2. I have also considered the objection raised by the Learned Prosecution Counsel.
3. Upon perusing the pre-bail reports filed on behalf of the Accused persons all dated 17th October 2024, I find that in all the reports, the Probation Officer has raised the issue of the safety of the Accused persons if released on bond.
4. The Accused persons and the deceased all hail from the same village.
5. The Probation reports state that tension is still palpable among the parties interviewed.
6. It is in the interest of the safety of the Accused persons that this bail application be held in abeyance until a further date.
7. Article 49 of the Constitution of Kenya provides that every offence is bailable unless there are conflicting reasons not to grant bond.
8. Every Accused person is also presumed innocent until proved guilty.
9. However, in the current case, the fact that the probation report states that the safety of the Accused persons is not guaranteed is a compelling reason NOT TO grant the Accused persons bond at the moment.
10. I accordingly defer this application until circumstances on the ground have changed.
11. The bail application to be reviewed at a future date.
12. In the meantime, the Prosecution Counsel to serve the Defence Counsel with the statements and all documents the prosecution will rely on in this case.
13. Mention on 18th November 2024 for the pre-trial conference and for a hearing date. Remanded in custody.
DATED, SIGNED AND DELIVERED THIS 7TH DAY OF NOVEMBER 2024 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Prosecutor: Frank SirimaCourt Assistant: Patrick MainaMr. Mosioma for the Accused Persons