[2022] KEHC 14618 (KLR)
The court found that the prosecution failed to demonstrate any compelling reasons to deny bail to the accused persons. The mere seriousness of the charge and the proximity of the accused to witnesses, in light of the accused's provision of an alternative place of abode, were insufficient to justify denial of bail....
Source-derived case information.
- Citation
- [2022] KEHC 14618 (KLR)
- Parties
- Applicant: Republic; Defendant: Kennedy Munene Njuki; Defendant: Cornelius Chepsiror Kiptoo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E032 of 2022
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted to both accused persons on specified terms.
- Judges
- DO Ogembo
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kennedy Munene Njuki
Defendant
Cornelius Chepsiror Kiptoo
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial.
- 2 Whether the prosecution has demonstrated compelling reasons to deny bail.
- 3 Whether the accused are likely to interfere with witnesses if released on bail.
Ratio Decidendi
The court found that the prosecution failed to demonstrate any compelling reasons to deny bail to the accused persons. The mere seriousness of the charge and the proximity of the accused to witnesses, in light of the accused's provision of an alternative place of abode, were insufficient to justify denial of bail. The court emphasized the constitutional right to bail and the presumption of innocence, noting that the trial had not commenced and the strength of the prosecution's case could not be assessed at this stage. Consequently, the court granted bail to both accused persons on specified terms.
Court Disposition
Bail granted to both accused persons on specified terms.
Orders
- Each accused to be on a bond of Kshs. 1,000,000 with one surety of a similar amount.
- In the alternative, each may be released on a cash bail of Kshs. 200,000.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Njuki & another (Criminal Case E032 of 2022) [2022] KEHC 14618 (KLR) (Crim) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14618 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case E032 of 2022
DO Ogembo, J
November 1, 2022
Between
Republic
Prosecutor
and
Kennedy Munene Njuki
1st Accused
Cornelius Chepsiror Kiptoo
2nd Accused
Ruling
1. This matter has come up before the court for the hearing of the application of accused 1 dated June 7, 2022. The same seeks that the accused be released on bail pending trial. The prosecution has opposed this application on grounds that if released on bail, the accused/applicant is likely to interfere with witnesses, that he is facing a serious charge which attracts severe sentence in case of conviction, and that the prosecution’s case.
2. Under Article 49(1)(h), every accused person has the right to bail unless it is shown the existence of any compelling reason. Article 50(2)(a) of the constitution also guarantees the accused the right to presumption of innocence.
3. The hearing of this case is yet to commence and the accuseds still are presumed innocent. The court also is not in a position at this stage of the trial to truly consider the strength of the prosecution’s case as alleged. And on the likelihood of interference with the witnesses on the basis, that the accuseds and the witnesses are neighbours, it is noted that the accused has provided proof of an alternative place of abode.
4. This court is therefore not convinced that the prosecution has proved the existence of any compelling reason. I therefore dismiss the objection of the prosecution. Since the 2 accuseds face the same charge, I grant both accuseds 1 and 2 bond on the following terms:-i.Each to be on a bond of Kshs.1 million with 1 surety of a similar amount.ii.In the alternative, each may be released on a cash bail of Kshs. 200,000/=.iii.Upon released, the accuseds are orders not to contact and or interfere with the prosecution witnesses, directly or by proxy till this case is determined.iv.The accuseds are orders to attend court at all times as the court may order from time to time till this case is determined.Orders accordingly.
D. O. OGEMBOJUDGE1st NOVEMBER, 2022. Court:Ruling read out in court in presence of the accuseds (Nairobi Remand), Mr. Waswa, Mr. Ouma and Ms. Ntabo for the prosecution.D. O. OGEMBOJUDGE1st*NOVEMBER, 2022.