[2018] KEHC 5647 (KLR)
The court found that the prosecution had raised a serious and credible issue of witness interference by the accused, specifically threats made to the complainant. The accused failed to directly address or explain the allegations. In balancing the rights of the accused to liberty and the complainant's right to peace...
Source-derived case information.
- Citation
- [2018] KEHC 5647 (KLR)
- Parties
- Applicant: Republic; Defendant: Silas Mukira; Defendant: Stanley Thiaine
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2016
- Procedural Posture
- Criminal Case / Ruling on Application for Cancellation of Bond
- Outcome
- bonds cancelled; accused remanded in custody pending trial
- Judges
- A Mabeya
- Legal Topics
- Witness Interference, Bond Cancellation, Remand Pending Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Silas Mukira
Defendant
Stanley Thiaine
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Cancellation of Bond
Legal Issues
- 1 Whether the accused persons should have their bonds cancelled due to allegations of witness interference.
- 2 Whether the interests of justice require the accused to be remanded in custody pending trial.
Ratio Decidendi
The court found that the prosecution had raised a serious and credible issue of witness interference by the accused, specifically threats made to the complainant. The accused failed to directly address or explain the allegations. In balancing the rights of the accused to liberty and the complainant's right to peace and protection, the court held that justice requires both sides to be considered. The seriousness of the interference justified the cancellation of bond to protect the integrity of the trial process. Consequently, the court ordered the accused to be remanded in custody pending trial and directed that their securities be released.
Court Disposition
bonds cancelled; accused remanded in custody pending trial
Orders
- The bonds of the accused are hereby cancelled.
- The accused shall be remanded in custody pending trial.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 36 OF 2016
REPUBLIC ………………………………..………………………….STATE
VERSUS
1. SILAS MUKIRA
2. STANLEY THIAINE ………………….………………………..ACCUSED
RULING
1. I have considered the application by the prosecution. I have seen the complainant in court. She raised her hand and the court directed her to talk to the prosecutor.
2. It is a serious issue of witness interference being raised. It amounts to defeating justice. The accused have not responded to the complaint directly. They have evaded to explain the complaint of threats raised by the victim.
3. In the interests of justice, while the accused are presumed innocent and are entitled to their freedom as they do their case, the victim is also entitled to have her peace. Justice cuts both sides.
4. In the , the bonds of the accused hereby cancelled. The Accused will have to do their trial while in custody. They be remanded in custody. Securities be released.
Mention 11th October, 2018.
DATED and DELIVERED at Meru this 28th June, 2018.
A. MABEYA
JUDGE
Present
Mr. Kiarie for state
Accused present in person
CA: Boniface Kinyua