[2017] KEHC 8531 (KLR)
The court found that the circumstances underpinning the initial denial of bond—namely, the risk of interference with witnesses and the accused's history of being at large for over a year—had not changed. Although eight prosecution witnesses had testified, there was no indication that all civilian witnesses from...
Source-derived case information.
- Citation
- [2017] KEHC 8531 (KLR)
- Parties
- Applicant: Republic; Respondent: Stanley Kamau Ntumbi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 110 of 2015
- Procedural Posture
- Criminal Case / Ruling on Review of Bond Application
- Outcome
- application for review of bond denied
- Judges
- J Wakiaga
- Legal Topics
- Bail and Bond, Flight Risk, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stanley Kamau Ntumbi
Respondent
Procedural Posture
Criminal Case / Ruling on Review of Bond Application
Legal Issues
- 1 Whether the circumstances that led to the denial of bond have changed to warrant a review of the order denying bond.
- 2 Whether all civilian witnesses from Dandora have testified, removing the risk of interference by the accused.
- 3 Whether the accused has rebutted the finding that he was at large for over one year, making him a flight risk.
Ratio Decidendi
The court found that the circumstances underpinning the initial denial of bond—namely, the risk of interference with witnesses and the accused's history of being at large for over a year—had not changed. Although eight prosecution witnesses had testified, there was no indication that all civilian witnesses from Dandora had completed their testimony. Furthermore, the accused had not rebutted the court's earlier finding that he had disappeared for over a year, which continued to make him a flight risk. Therefore, the court held that there were no sufficient grounds to review the previous order denying bond, and the accused was to remain in custody until the final determination of the case.
Court Disposition
application for review of bond denied
Orders
- The accused shall remain in custody until final determination of this cause.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
HIGH COURT CRIMINAL CASE NO 110 OF 2015
REPUBLIC …………………………………………………………..…PROSECUTOR
VERSUS
STANLEY KAMAU NTUMBI …………………………………………..…..ACCUSED
RULING
1. By a Ruling dated 23rd June, 2016 denying the applicant bond, the Court had this to say:-
“10. It must be pointed out that at the time of this ruling I had heard the evidence of three (3) prosecution witnesses and what has come out so far is that the accused and the deceased were staying in the same area and that those who are and shall be prosecution witnesses are well known to the accused person having been with both the accused and the deceased.
11. I have taken into account the ages of the intended witnesses from the evidence of PW3 and is of the considered view and hold that if released on bond at this stage, the accused presence is likely to lead to either direct or indirect interference with potential witnesses. I have also taken into account the conduct of the accused more in particular the fact that he disappeared and was at large for over one year. (Emphasis added)
12. By reasons of the matters stated herein, I find that the prosecution has advanced adequate compelling reasons to enable the court deny the accused his constitutional right to bond at this stage. The accused shall remain in custody and shall be at liberty to review his bond application once all the civilian witnesses from Dandora area have testified.”
2. On 25/1/2017 upon hearing the evidence of PW8 Dr. Oduor, the applicant through his advocate on record made an oral application for Review of the bond application which application was fixed for hearing on 7/2/17 when it was submitted by Mr. Chiuri that bond was denied on the basis that the accused will interfere with witnesses known to him and that the said witnesses had since testified and further that the accused had not gone into hiding before his arrest.
3. On behalf of the prosecution, Miss Mwaniki opposed the application and submitted that the accused had disappeared for a period of one year which was independently confirmed by the pre-bail report making him a flight risk and further that the evidence against the same was very strong.
4. The only issue for determination is whether the circumstances upon which the accused was denied bond have since so changed to enable the court review the order denying him bond. It must be pointed out that so far eight prosecution witnesses have testified but there has not been any indication whether all the civilian witnesses from Dandora have testified. Further the accused has not dislodged the court finding as a fact that the same disappeared and was at large for a period of over one year.
5. I therefore find and hold that the circumstances as at 23rd day of June, 2016 have not changed to enable me review my order herein denying the accused bond.
6. The accused shall now remain in custody until final determination of this cause.
DATED, DELIVERED and SIGNED at Nairobi this 23rd day of February, 2017
…………………………………….
J. WAKIAGA
JUDGE
In the presence of:-
Miss Kinoti for the state
Mr. Muchemi for Chiuri for the accused
Accused present
Paul court clerk