[2020] KEHC 1784 (KLR)
The court found that the proximity of the accused to the prosecution witnesses, who are their neighbours and well known to them, presents a real risk of interference with those witnesses. This risk constitutes a compelling reason under Article 49(1)(h) of the Constitution to deny bail at this stage. The court held...
Source-derived case information.
- Citation
- [2020] KEHC 1784 (KLR)
- Parties
- Applicant: Patrick Kamau Ng’ang’a; Applicant: Martin Kamande Nyoike; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Applications Pending Trial
- Outcome
- Bail denied at this stage; prosecution's application granted.
- Judges
- MM Kasango
- 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
Patrick Kamau Ng’ang’a
Applicant
Martin Kamande Nyoike
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Applications Pending Trial
Legal Issues
- 1 Whether the accused persons should be released on bail pending trial.
- 2 Whether the prosecution has demonstrated compelling reasons to deny bail, specifically the risk of interference with witnesses.
Ratio Decidendi
The court found that the proximity of the accused to the prosecution witnesses, who are their neighbours and well known to them, presents a real risk of interference with those witnesses. This risk constitutes a compelling reason under Article 49(1)(h) of the Constitution to deny bail at this stage. The court held that the integrity of the trial would be compromised if the accused were released before the civilian witnesses have testified. Therefore, the application for bail by the accused was declined, with liberty to renew the application after the prosecution's civilian witnesses have testified.
Court Disposition
Bail denied at this stage; prosecution's application granted.
Orders
- The application for bail dated 13th August 2020 by the accused is declined.
- A fresh application for bail may be considered after the prosecution's civilian witnesses have testified.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIAMBU
CRIMINAL CASE NO 28 OF 2020
REPUBLIC..............................................................................................DPP
VERSUS
PATRICK KAMAU NG’ANG’A........................................1ST ACCUSED
MARTIN KAMANDE NYOIKE.......................................2ND ACCUSED
R U L I N G
1. Patrick Kamau Ng’ang’aandMartin Kamande Nyoikeare both charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. They both denied the charge and are awaiting their trial.
2. There are two applications before me for consideration. The application dated 13th August 2020 is filed by the Accused seeking that they be released on bond or bail pending trial. The second application is dated 20th August 2020 filed by the Director of Public Prosecution (DPP). By that application DPP seeks that the Accused be not released on bail pending trial.
3. The Accused confirm that before their arrest they resided at Zimmerman Estate. Indeed, the pre-bail probation states their families reside in that Estate. DPP bases the application dated 20th August 2020 on the ground the witnesses for the prosecution are neighbours and are well known to the Accused persons.
4. Article 49(1) (h) pf the Constitution provides that:
“An Accused person has the right ….
(h) to be released on bond or bail, on reasonable condition pending a charge or trial, unless there are compelling reasons not be released.”
5. The allegation by DPP is that since the prosecution witnesses are well known to the Accused and they reside in the same neighbourhood of the Accused there is indeed the danger of interference with those witnesses before the commencement of the trial. In my view that possibility of interference with the integrity of the trial is a compelling reason to deny the Accused bail. The Bail application can be considered after those witnesses have testified.
6. Accordingly, the application dated 13th August 2020 is declined. A fresh application for bail can be considered after the Civilian Witnesses of the prosecution have testified. To that end the Notice of Motion dated 20th August 2020, by DPP, is granted.
SIGNED AND DELIVERED VIRTUALLY THIS 17TH DAY OF NOVEMBER 2020.
MARY KASANGO
JUDGE
17th November 2020
Before Justice Mary Kasango
C/A - Kevin
Accused – Patrick Kamau Ng’ang’a
For the Applicants – Mr. Njehu, Present
For the Respondent - Christine Khathambi
COURT
Ruling virtually delivered in their presence.
MARY KASANGO
JUDGE