[2015] KEHC 3110 (KLR)
The court found that the prosecution's allegations of likely interference with witnesses and risk to the accused were not substantiated by evidence. The accused had demonstrated cooperation with the police during investigations and had not absconded. The court was not satisfied that there were compelling reasons to...
Source-derived case information.
- Citation
- [2015] KEHC 3110 (KLR)
- Parties
- Applicant: Republic; Respondent: Mwasambu Mbura Tsuma
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 44 of 2014
- Procedural Posture
- Criminal Case / Application for Bond Pending Trial
- Outcome
- Bond granted with conditions.
- Judges
- GO Shikwe
- Legal Topics
- Bail Pending Trial, Murder Charge, Witness Interference, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mwasambu Mbura Tsuma
Respondent
Procedural Posture
Criminal Case / Application for Bond Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for a murder charge.
- 2 Whether there is a real likelihood of the accused interfering with prosecution witnesses if released on bond.
- 3 Whether the accused poses a risk of absconding or being harmed if released.
Ratio Decidendi
The court found that the prosecution's allegations of likely interference with witnesses and risk to the accused were not substantiated by evidence. The accused had demonstrated cooperation with the police during investigations and had not absconded. The court was not satisfied that there were compelling reasons to deny bond. However, the accused was warned that any interference with witnesses would result in cancellation of the bond. Consequently, the accused was admitted to bond with a surety of a similar amount.
Court Disposition
Bond granted with conditions.
Orders
- The accused is admitted to a bond of Ksh. 500,000 and a surety of similar amount.
- Hearing set for 4th November, 2015.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 44 OF 2014
REPUBLIC.....…....................................................….. PROSECUTOR
VERSUS
MWASAMBU MBURA TSUMA .……..............................…ACCUSED
RULING
This is an application for bond pending the hearing and determination of this case.
The Accused Mwasambu Mbura Tsuma is charged with the offence of murder contrary to section 203 as read together with section 204 of the Penal Code.
The particulars are that:-
“On the night of 14th day of June, 2014 at Pingilikani village within Kilifi County, jointly with otters not before the Court murdered Mwasambu Pole Mwalolo”.
Thee application for bond is opposed on the grounds that there is high likelihood of the Accused interfering with the prosecution Witnesses as they are relatives.
Further that he may be harmed by relatives who are angry at what he did.
Thirdly, that his accomplices are still at large.
The applicant (Accused) maintains that the investigations in this case commenced on 14th June, 2014 and he was arrested in the month of October, 2014.
During that period the Accused was reporting to police station whilst under investigations and he never absconded.
The facts deponed by the Accused are not controverted nor is his report from Mikondeni Self Help Group.
I am not satisfied that the Accused will interfere with Witnesses if released. He is warned that if he does so the bond if granted to him will be canceled.
The Accused is admitted to a bond of Ksh. 500,000/= and surety of similar amount. Hearing on 4th November, 2015.
Ruling read and delivered in open Court this 27th day of August, 2015.
…................
M. MUYA
JUDGE
27TH AUGUST, 2015
In open Court in the presence of:
Mr. Masila for the State
Maundu for the Accused