[2022] KEHC 15538 (KLR)
The court found that the accused had not demonstrated that all the witnesses, both civilian and police, had testified as required by the original order denying bail/bond. Furthermore, the court held that the reasons for denial—likelihood of interference with the course of justice—remained unaddressed. The court also...
Source-derived case information.
- Citation
- [2022] KEHC 15538 (KLR)
- Parties
- Applicant: Republic; Respondent: PC Beckham Osoro
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 24 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Bail/bond Denial
- Outcome
- application dismissed
- Judges
- JM Bwonwong'a
- Legal Topics
- Bail and Bond, Witness Interference, Review of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
PC Beckham Osoro
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Bail/bond Denial
Legal Issues
- 1 Whether the accused is entitled to review of the order denying bail/bond.
- 2 Whether all civilian and police witnesses have testified as required by the initial bail/bond ruling.
- 3 Whether a formal application demonstrating change of circumstances is necessary for review.
Ratio Decidendi
The court found that the accused had not demonstrated that all the witnesses, both civilian and police, had testified as required by the original order denying bail/bond. Furthermore, the court held that the reasons for denial—likelihood of interference with the course of justice—remained unaddressed. The court also clarified that such a ruling is not appealable by the victims. As the applicant failed to show a change in circumstances or that the conditions for granting bail/bond had been met, the application for review was dismissed.
Court Disposition
application dismissed
Orders
- The application for review of the order denying bail/bond is dismissed.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Osoro (Criminal Revision 24 of 2022) [2022] KEHC 15538 (KLR) (Crim) (21 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15538 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision 24 of 2022
JM Bwonwong'a, J
November 21, 2022
Between
Republic
Applicant
and
PC Beckham Osoro
Accused
(Being an application for review of the order of Hon. Justice Wakiaga, delivered on 28/052020 in the High Court in Criminal Case No. 24 of 2020, Republic v PC Beckham Osoro Orwar)
Ruling
The case for the applicant 1. The applicant informally applied for review of the order of Wakiaga, J, that denied him bail/bond on 28/05/2020.
2. According to counsel for the accused (Mr. Assa Nyakundi) the ruling of that court was that the accused had been denied bail/bond until all the civilian witnesses, who were with the deceased at the time of shooting had testified. Counsel cited paragraph 16 of the judge’s ruling in support of his application.
3. Mr. Nyakundi further submitted that if the victims were not satisfied with the ruling of the judge they ought to have appealed against it.Ms. Maina for the Republic left the matter to the court to decide.
4. Mr. Majimbo, counsel for the victims opposed the application on two grounds. First, bail was denied because the accused was likely to interfere with the witnesses, according to paragraph 15 of the judge’s ruling. Secondly, counsel for the applicant ought to have a filed a formal application to demonstrate change of circumstances. This, counsel continued would have given them an opportunity to respond.
Issues for determination 5. I have perused the ruling and order that is sought to be reviewed. According to the ruling in paragraph 15, the court refused to grant bail/bond because, there was a likelihood that the accused was likely to interfere with the course of justice, if he was to be released on bail/bond.
6. Furthermore, according to paragraph 16 of the said ruling the accused was denied bail/bond until the civilian witnesses who were with the deceased at the time of the alleged shooting, together with the two police officers who were with the accused had testified.
7. It is not correct as contended by Mr. Nyakundi that the victims had a right of appeal against the ruling of the court. Such a ruling is not appealable.
8. It is therefore clear that the accused has not demonstrated that all witnesses have testified in terms of the two grounds upon which bail/bond was denied by the court.
9. The upshot of the foregoing is that the application for review fails and is hereby dismissed.
RULING SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 21ST OF NOVEMBER 2022. J M BWONWONG’AJUDGEIn the presence of-Mr. Kinyua: Court AssistantMr. Omenke for the accused.Mr. Maina for the Respondent