[2024] KEHC 15857 (KLR)
The court found that the circumstances underpinning the initial denial of bail—risk of interference with witnesses, presence of accomplices at large, and the third accused's prior disappearance—remained unchanged. Although five witnesses had testified, a key witness (D-5) had not yet done so, and the specific order...
Source-derived case information.
- Citation
- [2024] KEHC 15857 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Omondi Nyamburi alias Awasi Car Wash; Defendant: Kevin Omondi Ahija alias Baba Tashly alias Kevo; Defendant: Joseph Ochieng Mayot
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 74 of 2019
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Bail Pending Trial
- Outcome
- application for review of bail dismissed
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Flight Risk, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Omondi Nyamburi alias Awasi Car Wash
Defendant
Kevin Omondi Ahija alias Baba Tashly alias Kevo
Defendant
Joseph Ochieng Mayot
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Review of Bail Pending Trial
Legal Issues
- 1 Whether the accused are entitled to review of bail pending trial in light of alleged change of circumstances.
- 2 Whether the continued detention of the accused is justified by compelling reasons, including risk of interference with witnesses and flight risk.
Ratio Decidendi
The court found that the circumstances underpinning the initial denial of bail—risk of interference with witnesses, presence of accomplices at large, and the third accused's prior disappearance—remained unchanged. Although five witnesses had testified, a key witness (D-5) had not yet done so, and the specific order by Chepkwony J. required that review of bail could only be considered after key witnesses had testified. The court acknowledged the accused's extended pre-trial detention but held that the threshold for review had not been met, and the prior order could not be contravened. Accordingly, the application for review of bail was dismissed.
Court Disposition
application for review of bail dismissed
Orders
- The application for review of bail is dismissed.
- The accused may seek review of bail after the key witness (D-5) has testified.
Full Case Text
Judgment text and source record
27 paragraphs
Republic v Nyamburi & 2 others (Criminal Case 74 of 2019) [2024] KEHC 15857 (KLR) (Crim) (17 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15857 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case 74 of 2019
LN Mutende, J
December 17, 2024
Between
Republic
Prosecutor
and
Charles Omondi Nyamburi alias Awasi Car Wash
1st Accused
Kevin Omondi Ahija alias Baba Tashly alias Kevo
2nd Accused
Joseph Ochieng Mayot
3rd Accused
Ruling
1. Upon indictment, the accused denied charges. They applied to be released on bail pending trial; an application that was declined on grounds that: there was a possibility of the accused interfering with prosecution witnesses who came from the same neighbourhood with them; one of the witnesses had been targeted by the attackers but escaped;
2. their accomplices are yet to be arrested, a fact that would result into interference with investigations; and, that the 3rd accused disappeared for two (2) years prior to being arrested, therefore, is a flight risk.
3. In the result it was ordered that the accused were at liberty to seek review of bail once key witnesses testify.
4. It is a constitutional right and a legal entitlement for an accused to be released on bail during pendency of trial unless there are compelling reasons, which were found to exist in the instant matter.
5. Therefore, review of the denied bail would involve change of circumstances. So far five (5) witnesses have testified; but one key witness indicated as D-5 has not testified. It would be imperative for the witness to testify prior to the question of review of bail being reconsidered. I am alive to the question of pre-trial detention as the accused have been in custody for an extended period which would call for review of bail to ensure timely justice. However, the order dated 9th November 2021 by Chepkwony J. was specific which cannot be contravened.
6. In the upshot, the application fails at this stage, and is accordingly dismissed.
7. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS AT NAIROBI, THIS 17TH DAY OF DECEMBER, 2024. L. N. MUTENDEJUDGE