[2014] KEHC 5850 (KLR)
The court found that the prosecution failed to provide compelling reasons to deny bond, specifically by not naming the witnesses or detailing the nature of the alleged interference. The right to bond is constitutionally protected and may only be limited in clear cases where the prosecution discharges its burden....
Source-derived case information.
- Citation
- [2014] KEHC 5850 (KLR)
- Parties
- Applicant: Republic; Respondent: Peter Maina Gichuri; Respondent: Simon Gatama Gichuri; Respondent: James Gichuki Mwangi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 47 of 2010
- Procedural Posture
- Criminal Case / Ruling on Bond Review Application
- Outcome
- application for bond review allowed
- Legal Topics
- Bond Review, Pre Trial Release, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Maina Gichuri
Respondent
Simon Gatama Gichuri
Respondent
James Gichuki Mwangi
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Review Application
Legal Issues
- 1 Whether the accused persons are entitled to bond pending trial.
- 2 Whether the prosecution has provided compelling reasons to deny bond, specifically the likelihood of interference with witnesses.
Ratio Decidendi
The court found that the prosecution failed to provide compelling reasons to deny bond, specifically by not naming the witnesses or detailing the nature of the alleged interference. The right to bond is constitutionally protected and may only be limited in clear cases where the prosecution discharges its burden. Given the passage of almost three years since the accused were charged and the lack of substantiated risk of interference, the court determined that the continued denial of bond was unjustified. The court therefore reviewed its earlier order and granted bond to the accused persons, subject to conditions to ensure their attendance at trial.
Court Disposition
application for bond review allowed
Orders
- Each accused person to be released on bond of Ksh. 500,000 with two sureties of similar amount pending trial and determination of the case.
- Accused persons to report for mention before the Deputy Registrar once every 30 days during the trial period.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 47 OF 2010
REPUBLIC …...................................................................................PROSECUTOR
versus
PETER MAINA GICHURI
SIMON GATAMA GICHURI
JAMES GICHUKI MWANGI ….......................................................ACCUSED
RULING
By a notice of motion dated 21st May 2013 the Applicants have moved court under the provisions of Article 49(1) of the Constitution of Kenya 2010 for review of the court ruling of 27th May 2011 wherein the accused persons were denied bond on the basis that the accused persons were likely to interfere with witnesses.
It is trite law that where the prosecution alleges that the applicants are likely to interfere with witnesses it is upon the prosecution to avail to court the names of witnesses and the nature of interference.
It should further be noted that it is almost three years since the accused persons were arrested and charged with the offence herein and would therefore allow the application herein and review the order denying the Applicants bond.
It should be noted that bond is a constitutional right of the accused persons which should only be denied in very clear cases where compelling reasons has been advanced by the prosecution.
I therefore order that the accused persons be each released on bond of Ksh. 500,000/- with two sureties of similar amount pending the trial and determination of this case. I further order that during the period of the same trial the accused persons shall report for mention before the Deputy Registrar of this court once after every 30 days.
Dated, signed and delivered at Nyeri this 4th day of April 2014.
J. WAKIAGA
JUDGE
Mr. Gitonga for the State
Mr. Muhoho for 1nad and 2nd accused
Mr. Waruinge for the 3rd accused.
Court: The ruling is delivered in open court in the presence of the above named. The matter to be mentioned before the Deputy Registrar on 5th May 2014.
J. WAKIAGA
JUDGE