[2023] KEHC 25883 (KLR)
The court found that, despite the favourable pre-bail reports and the fact that all civilian witnesses had testified, the proximity of the accused's and deceased's families (100 metres apart), ongoing clan rivalry, and the fact that the deceased had not yet been buried created a volatile environment. Admitting the...
Source-derived case information.
- Citation
- [2023] KEHC 25883 (KLR)
- Parties
- Applicant: Republic; Defendant: Kevin Ongoro; Defendant: Joseph Ongoro Wanjala; Defendant: Semi Onduodo
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E020 of 2023
- Procedural Posture
- Criminal Case / Ruling on Renewed Bond Application After Partial Hearing
- Outcome
- Bond application declined; may be reconsidered after burial of the deceased.
- Judges
- WM Musyoka
- Legal Topics
- Bail and Bond, Pretrial Release, Witness Interference, Flight Risk, Community Safety
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kevin Ongoro
Defendant
Joseph Ongoro Wanjala
Defendant
Semi Onduodo
Defendant
Procedural Posture
Criminal Case / Ruling on Renewed Bond Application After Partial Hearing
Legal Issues
- 1 Whether the accused should be admitted to bond after all civilian witnesses have testified.
- 2 Whether the safety of the accused and risk of flight justify continued denial of bond.
- 3 Whether the proximity of the accused and victim's families and pending burial affect the bond decision.
Ratio Decidendi
The court found that, despite the favourable pre-bail reports and the fact that all civilian witnesses had testified, the proximity of the accused's and deceased's families (100 metres apart), ongoing clan rivalry, and the fact that the deceased had not yet been buried created a volatile environment. Admitting the accused to bond before the burial would expose them to significant personal risk and could lead to further conflict. Additionally, ordering the accused to stay away from their homes would render them persons without a fixed abode, increasing the risk of absconding. The court was not persuaded that the circumstances had sufficiently changed to warrant granting bond at this stage...
Court Disposition
Bond application declined; may be reconsidered after burial of the deceased.
Orders
- The renewed application for bond is declined.
- The accused may reapply for bond after the burial of the deceased.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Ongoro & 2 others (Criminal Case E020 of 2023) [2023] KEHC 25883 (KLR) (27 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25883 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E020 of 2023
WM Musyoka, J
November 27, 2023
Between
Republic
Prosecution
and
Kevin Ongoro
1st Accused
Joseph Ongoro Wanjala
2nd Accused
Semi Onduodo
3rd Accused
Ruling
1. On 27th October 2023, I delivered a ruling in this matter, where I denied the accused bail/bond, but with a rider that their application could be renewed after the key witnesses had testified.
2. The hearing commenced on 7th November 2023. 6 witnesses testified, being Immaculate Akinyi Wandera, Christine Matilda Anyango, Margaret Ajiambo Obiji, Silvia Nabwire Oseno, Obiji Ouma Onyango and Camillus Oseno Musumba. At the close of the hearing that day, Mr. Ouma, for the accused, renewed the application for bond, on grounds that all the civilian witnesses had testified, arguing that the issue of witness interference was unlikely to arise. Ms. Chepkonga, for the Republic, asked me to call for pre-bail reports, which I did.
3. The pre-bail reports were filed herein on 14th November 2023, in respect of the 3 accused persons. They are largely replicas of each other, on attitude towards the offence, previous criminal records and conclusions. It is indicated that the homesteads of the family of the deceased and that of the accused are 100 metres apart, there was clan rivalry between the clan of the deceased and that of the accused, and the body of the deceased was yet to be buried. It was recommended that the accused could be released on bond, although the ground was not safe for them, but they could get safety from the wider community.
4. The Advocates involved in the matter addressed me on 15th November 2023. Ms. Chepkonga submitted that the safety of the accused was not guaranteed, and that the views of the family of the victim were not sought. She further submitted that the accused were still a flight risk, given that they have relatives in Uganda. Mr. Ouma urged me to exercise discretion.
5. The 2 families live so close to each other, that there is potential for conflict, and a risk that emotions could boil over during the burial of the deceased, exposing the accused herein to risk. Although the reports are favourable, largely, in my view, I find that admitting the accused to bond, before the remains of the deceased have been interred would be to expose them to greater risk. Their homes are so close, and that could invite a proposal to order that the accused should keep off their home, should I consider admitting them to bond. The problem with that is that they would become persons with no fixed abode, increasing their chances of absconding.
6. I am not persuaded that I should admit the accused to bond yet, at least not before the burial has happened. Consequently, I hereby decline to admit them to bond. The same may be considered after the burial. It is so ordered.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 27TH DAY OF NOVEMBER 2023. W MUSYOKAJUDGE