[2012] KEHC 1558 (KLR)
The court found that while bail is a constitutional right, the existence of death threats to a key witness, reportedly from persons related to the accused and on their behalf, constitutes a compelling reason to deny bail. The court reasoned that the threats, though not directly from the accused, create a real...
Source-derived case information.
- Citation
- [2012] KEHC 1558 (KLR)
- Parties
- Respondent: Republic; Defendant: Ndoro Mbega; Defendant: Gabriel Mbega Shehi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2012
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail denied
- Judges
- JV Juma
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Ndoro Mbega
Defendant
Gabriel Mbega Shehi
Defendant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial.
- 2 Whether the existence of threats to a key witness constitutes compelling reasons to deny bail.
Ratio Decidendi
The court found that while bail is a constitutional right, the existence of death threats to a key witness, reportedly from persons related to the accused and on their behalf, constitutes a compelling reason to deny bail. The court reasoned that the threats, though not directly from the accused, create a real possibility of interference with witnesses if the accused are released. Therefore, the application for bail was declined at this stage, with liberty to renew the application later.
Court Disposition
bail denied
Orders
- The application for bail by the accused persons is declined at this stage.
- The accused may renew the bail application at a later stage.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
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REPUBLIC ……………………………………..………. PROSECUTION
=VERSUS=
NDORO MBEGA ……………….…….……….…………. 1ST ACCUSED
GABRIEL MBEGA SHEHI ……….....….………….……. 2ND ACCUSED
RULING
The two accused persons through their Advocate Mr. Atancha have applied to be released on bail during the pendancy of their trial. Bail is a right guaranteed to allsuspects by virtue of Article 49(1)(h) of the Constitution of Kenya 2010. MR. TANUI learned State Counsel has opposed the grant of bail to the accused persons on the basis that one of the key witnesses has been receiving death threats from persons related to the accuseds. These threats have been reported to the police.
The Constitution does provide that a suspect may be denied the right to bail where compelling reasons exist. The fact that a witness is receiving death threats and has to seek refuge at the police station does in my view amount to such a compelling reason. Though the threats are not being issued directly by the accused persons the same are being issued by persons known to the accuseds and on their behalf. There is the very real possibility that if released on bail the accuseds will act to interfere with witnesses. For this reason I decline to grant bail at this stage. The bail application may be renewed at a later stage.
Dated and Delivered in Mombasa this 26th day of October 2012.
M. ODERO
JUDGE
In the presence of:
Mr. Atancha for accused