[2018] KEHC 7817 (KLR)
The court held that the initial denial of bail was justified due to the risk of interference with witnesses, who were close relatives of both the deceased and the accused. However, since all witnesses who were at risk of interference had now testified, the compelling reasons for continued detention no longer...
Source-derived case information.
- Citation
- [2018] KEHC 7817 (KLR)
- Parties
- Applicant: Republic; Defendant: Robert Zippor Nzilu Mulinge
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 77 of 2015
- Procedural Posture
- Criminal Case / Bail Application Review
- Outcome
- bail_granted_with_conditions
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Compelling Reasons for Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Robert Zippor Nzilu Mulinge
Defendant
Procedural Posture
Criminal Case / Bail Application Review
Legal Issues
- 1 Whether the accused should be released on bail pending trial after initial denial based on risk of interference with witnesses.
- 2 Whether the circumstances have changed sufficiently to warrant granting bail.
Ratio Decidendi
The court held that the initial denial of bail was justified due to the risk of interference with witnesses, who were close relatives of both the deceased and the accused. However, since all witnesses who were at risk of interference had now testified, the compelling reasons for continued detention no longer existed. The court emphasized that bail decisions must consider the unique circumstances of each case and, in this instance, found it appropriate to grant bail with stringent terms to ensure the accused's attendance at trial and the integrity of the proceedings.
Court Disposition
bail_granted_with_conditions
Orders
- The accused is granted bail upon payment of a cash bail of Kshs. 2,000,000.
- The accused must provide a surety of Kshs. 3,000,000.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITUI
CRIMINAL CASE NO. 77 OF 2015
REPUBLIC..........................................................PROSECUTOR
VERSUS
ROBERT ZIPPOR NZILU MULINGE....................ACCUSED
R U L I N G
1. Robert Mulinge,the Accused herein, sought to be released on bail pending trial. In my ruling dated the 15thday of March, 2016I attentively looked at factors that may be considered by a Court in determining whether or not to release an individual on bond. I found that witnesses who were to testify were close blood relatives of both the Deceased and Accused, therefore there was a likelihood of interfering with them.
2. On the 14thday of September, 2016Counsel for the Accused renewed the application for bail. I considered the application and in my ruling dated the 11thday of January, 2017I found that there were compelling reasons that militated against the release of the Accused on bond until some witnesses would have testified.
3. A total of eight (8) witnesses have testified in the matter. Counsel for the Accused has sought review of earlier orders of the Court. This Court’s concern was with the Accused’s likelihood of interfering with specific named witnesses. The likelihood of an Accused suppressing any evidence that may incriminate him is a good and compelling reason to make him incarcerated as clearly put in my two (2) rulings.
4. The matter was to be reviewed after witnesses under threat testified.
5. So far eight (8) witnesses have testified. All witnesses that were likely to be interfered with have testified.
6. In considering bail terms, however, unique circumstances of each case must be considered which I hereby do and grant the Accused bail and bond thus:
(i) To pay a cash bail ofKshs. 2,000,000/=.
(ii) In addition to provide a surety of Kshs. 3,000,000/=.
7. Orders accordingly.
Dated, Signed and Delivered at Kitui this 20th day of February, 2018.
L. N. MUTENDE
JUDGE