[2019] KEHC 4425 (KLR)
The court found that the accused had issued threats to a key witness, which was supported by an affidavit from the Investigating Officer. The court held that such threats constitute a compelling reason to deny bail, as they pose a risk to the integrity of the trial and the safety of witnesses. The court emphasized...
Source-derived case information.
- Citation
- [2019] KEHC 4425 (KLR)
- Parties
- Respondent: Republic; Applicant: Vincent Kipngeno Mutai
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 27 of 2018
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_denied
- Judges
- GMA Dulu
- Legal Topics
- Bail Application, Compelling Reasons, Witness Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Vincent Kipngeno Mutai
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused should be granted bail pending trial.
- 2 Whether alleged threats to a key witness constitute compelling reasons to deny bail.
Ratio Decidendi
The court found that the accused had issued threats to a key witness, which was supported by an affidavit from the Investigating Officer. The court held that such threats constitute a compelling reason to deny bail, as they pose a risk to the integrity of the trial and the safety of witnesses. The court emphasized that the right to bail is not absolute and may be limited where the interests of justice so require. Accordingly, the application for bail was denied, with liberty to renew the application if circumstances change, particularly after the threatened witness has testified.
Court Disposition
bail_denied
Orders
- The application for bail is disallowed.
- The accused may renew the application if circumstances change.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.27 OF 2018
REPUBLIC..............................................................PROSECUTION
VERSUS
VINCENT KIPNGENO MUTAI.....................................ACCUSED
RULING
1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code. He has applied for bail/bond through an application dated 9th November 2018 through his counsel Kemboi & Rotich Advocates.
2. The State through Prosecuting Counsel Ms Keli has opposed the request for bail on the ground that the accused has issued death threats to a key witness in the case relying on an affidavit sworn by the Investigating Officer P. C. Busolo Wandera Vincent on 20th November 2018.
3. Bail is a Constitutional right under Article 49 (1) (b) of the Constitution of Kenya 2010. Bail is applicable to all arrested persons, irrespective of the offence, and can be denied only where there exist compelling reasons.
4. In my view, the threats by the accused to a key witness in this matter is a compelling reason to deny the accused person bail at this time. In my view, it is not in the interests of justice to grant bail to the accused person now until his mother, the victim of the threats has testified.
5. I decline to grant the accused bail. The application for bail is disallowed. It may be renewed later if circumstances change. Right of appeal is explained.
Dated at kericho this 17th September 2019.
GEORGE DULU
JUDGE