[2021] KEHC 4015 (KLR)

[2021] KEHC 4015 (KLR)

The court found that while the right to bail is constitutionally guaranteed, it is not absolute and may be restricted where there are compelling reasons. In this case, the pre-bail reports for the 1st and 2nd accused persons were considered alongside the prosecution's concerns for the safety of the remaining...

Source-derived case information.

Citation
[2021] KEHC 4015 (KLR)
Parties
Applicant: Republic; Defendant: Mwenyeheri Mgele Jefa; Defendant: Shadrack Nyiro Rasi; Defendant: Berrnard Masai Mwangeka
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Criminal Case E014 of 2020
Procedural Posture
Criminal Case / Ruling on Bond Review Application
Outcome
partial grant of bond application
Legal Topics
Bail and Bond, Pretrial Detention, Witness Protection
Source Language
en
Criminal Law Bail and Bond Pretrial Detention Witness Protection

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Mwenyeheri Mgele Jefa

Defendant

Shadrack Nyiro Rasi

Defendant

Berrnard Masai Mwangeka

Defendant

Procedural Posture

Criminal Case / Ruling on Bond Review Application

Legal Issues

  1. 1 Whether the accused persons should be granted bond pending trial in light of the pre-bail reports and witness safety concerns.
  2. 2 Whether the circumstances have changed since the initial denial of bond to warrant a review of the orders.

Ratio Decidendi

The court found that while the right to bail is constitutionally guaranteed, it is not absolute and may be restricted where there are compelling reasons. In this case, the pre-bail reports for the 1st and 2nd accused persons were considered alongside the prosecution's concerns for the safety of the remaining civilian witnesses. The court determined that the risk to witness safety constituted a compelling reason to delay the release of the 1st and 2nd accused until after the witnesses had testified. However, the 3rd accused's pre-bail report was favourable and there were no specific safety concerns raised, justifying his immediate release on bond. The court thus balanced the rights of the...

Court Disposition

partial grant of bond application

Orders

  • The 1st and 2nd accused persons shall be released on a bond of Kshs. 500,000 each with a surety of similar amount after the remaining civilian witnesses testify on 25.11.2021.
  • The 3rd accused person may be released on bond of Kshs. 500,000 and a surety of a similar amount immediately.