[2024] KEHC 3363 (KLR)
The court found that the initial objection to bail was based on the risk that the accused would interfere with or intimidate two prosecution witnesses. Since those witnesses have now testified and the prosecution no longer opposes bail, the circumstances have changed materially. There are no longer compelling...
Source-derived case information.
- Citation
- [2024] KEHC 3363 (KLR)
- Parties
- Applicant: State; Defendant: Peter Otieno Ogutu; Defendant: Fredrick Ochieng Ogutu
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E006 of 2024
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted to both accused persons subject to conditions.
- Judges
- DO Ogembo
- Legal Topics
- Bail Application, Pretrial Detention, Witness Protection
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Peter Otieno Ogutu
Defendant
Fredrick Ochieng Ogutu
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be released on bail pending trial.
- 2 Whether the circumstances that previously justified denial of bail have changed.
Ratio Decidendi
The court found that the initial objection to bail was based on the risk that the accused would interfere with or intimidate two prosecution witnesses. Since those witnesses have now testified and the prosecution no longer opposes bail, the circumstances have changed materially. There are no longer compelling reasons to deny bail. The court therefore allowed the bail application, subject to conditions designed to ensure the accused's attendance at trial and to prevent interference with witnesses.
Court Disposition
Bail granted to both accused persons subject to conditions.
Orders
- Each accused may be released on a bond of Ksh. 1,000,000 with one surety of a similar amount.
- Each accused to deposit cash bail of Ksh. 100,000.
Full Case Text
Judgment text and source record
20 paragraphs
State v Ogutu & another (Criminal Case E006 of 2024) [2024] KEHC 3363 (KLR) (9 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3363 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E006 of 2024
DO Ogembo, J
April 9, 2024
Between
State
Prosecution
and
Peter Otieno Ogutu
1st Accused
Fredrick Ochieng Ogutu
2nd Accused
Ruling
1. The accused before court had previously applied to be released on bail. On the objection raised by the prosecution, the court considered the application and ordered that the accused do remain in custody pending the taking of the evidence of the witnesses who were alleged to have been threatened against appearing in court to give evidence. It has now been confirmed to court that the two witnesses who have testified today were the two that the objection of the prosecution was based on. The prosecution does not oppose the release of the accused on bail.
2. In view of this change of circumstances, I now allow the application for bail for both accused. I accordingly order that each of the accused may be released on bond on the following terms.i.Each may be released on a bond of Ksh. 1,000,000/= with one surety of a similar amount.ii.In addition, each of the accused to deposit cash bail of Ksh.100,000/=.iii.The accused if released on bond, are ordered to attend court at all times as would be ordered by the court from time to time till this case is determined.iv.The two accused are ordered not to interfere with, threaten, intimidate any prosecution witnesses, either directly or by proxy till this case is determined.
4. It is ordered accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 9TH DAY OF APRIL, 2024D.O. OGEMBOJUDGE9/4/2024Court:-Hearing date fixed. Hearing 4/6/2024. D.O. OGEMBOJUDGE9/4/2024