[2021] KEHC 2406 (KLR)
The court found that there were compelling reasons to deny the accused bail at this stage, specifically the risk of interference with a key witness who had already been dissuaded by the accused from cooperating with the investigation. The court held that it would be prudent to revisit the issue of bond after the...
Source-derived case information.
- Citation
- [2021] KEHC 2406 (KLR)
- Parties
- Applicant: Republic; Defendant: Robert Waliaula Kinisu
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E018 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail denied; accused to remain in custody pending trial
- Legal Topics
- Murder Charge, Bail and Bond, Interference With Witnesses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Robert Waliaula Kinisu
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be released on bond pending trial.
- 2 Whether there is a risk of interference with witnesses if the accused is released on bond.
Ratio Decidendi
The court found that there were compelling reasons to deny the accused bail at this stage, specifically the risk of interference with a key witness who had already been dissuaded by the accused from cooperating with the investigation. The court held that it would be prudent to revisit the issue of bond after the said witness has testified, to ensure the integrity of the trial process and the safety of witnesses. The accused was therefore ordered to remain in custody during the trial, with liberty to apply for review of the order should circumstances change.
Court Disposition
bail denied; accused to remain in custody pending trial
Orders
- The accused shall be remanded in custody during his trial and until further orders of the court or until circumstances change in which case he can apply for review of these orders.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. E018 OF 2021
REPUBLIC...........................................PROSECUTOR
VERSUS
ROBERT WALIAULA KINISU.................ACCUSED
RULING
1. The accused-Robert Waliaula Kinisu, is charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars are that the accused on unknown date and time, between the 3rd and 6th of May, 2021 at Marina Area within Mutwapa Township in Kilifi County murdered Jackline Ngina Kitheka.
3. The accused person pleaded not guilty and the prosecution filed an affidavit of compelling reasons why he should not be released on bond.
4. Directions were taken that the accused person’s advocate files a Replying Affidavit in response to the Affidavit opposing bond and a pre-bail report was also called for.
5. On 5th of October, 2021, the defence counsel had not yet filed a Replying Affidavit. The pre-bail Report was however filed on 20th of September, 2021.
6. The social inquiry report filed by Raphael W. Njunguna-Principal Probation Officer, confirms the averments by the investigating officer- PC Diba Halake, that the accused person had previously been charged with the offence of robbery with violence and sentenced to death in 2018 before being acquitted on appeal in 2019.
7. From the statement annexed to the investigating officer’s affidavit, it is confirmed that the witness therein was being dissuaded by the accused from attending to the investigations herein. It is the considered view of this court that it would be prudent that the issue of the accused person’s release on bond be re-visited after the said witness has testified so as to ensure that the accused person does not interfere with her in any way.
8. The accused person shall therefore be remanded in custody during his trial and until further Orders of this court or until circumstances change in which case he can apply for review of these Orders.
JUDGMENT DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 28TH DAY OF OCTOBER 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel – Court Assistant
Accused present in person
Mr. Mwanzia Advocate for accused
Mr. Mulamula for state
Mr. Muganda hold brief for victims family
HON. LADY JUSTICE
A. ONG’INJO JUDGE