[2020] KEHC 6358 (KLR)
The court found that while the applicant has a constitutional right to bond, the evidence presented by the Investigating Officer, particularly the affidavit and the statement of the applicant's wife expressing fear for her safety, constitutes compelling reasons to deny bond at this stage. The court emphasized the...
Source-derived case information.
- Citation
- [2020] KEHC 6358 (KLR)
- Parties
- Applicant: Wycliffe Liali Wafula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- application for bond disallowed
- Judges
- HK Chemitei
- Legal Topics
- Bail Pending Trial, Witness Protection, Constitutional Rights, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliffe Liali Wafula
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the applicant should be granted bond pending the hearing of the murder case.
- 2 Whether the applicant poses a risk to key witnesses, particularly his wife, if released on bond.
Ratio Decidendi
The court found that while the applicant has a constitutional right to bond, the evidence presented by the Investigating Officer, particularly the affidavit and the statement of the applicant's wife expressing fear for her safety, constitutes compelling reasons to deny bond at this stage. The court emphasized the need to protect key witnesses, especially since the applicant's wife, a central witness, has not yet testified. The court held that granting bond at this juncture could jeopardize the integrity of the proceedings and the safety of witnesses. The application for bond was therefore disallowed, with the court indicating it may reconsider the issue after key witnesses have testified.
Court Disposition
application for bond disallowed
Orders
- The application for bond pending hearing is disallowed.
- The applicant may reapply for bond after key witnesses have testified.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
CRIMINAL CASE NO. 6 OF 2020
WYCLIFFE LIALI WAFULA.........................APPLICANT
VERSES
REPUBLIC ..................................................RESPONDENT
RULING
1. In his notice of motion dated 21st February 2020, the Applicant has prayed for bond pending the hearing of this case. The application is supported by the sworn affidavit of his advocate on record Mr Bikundo. He has deponed that the Applicant has a Constitutional right to be granted bond and he has cited several articles of the Constitution.
2. He further argued against the argument by the Investigating Officer one TOM OGARO that his client would be a risk to his wife one LINDA ONGEFU MWANGA who is a key witness in this murder charge.
3. The said TOM OGARO has sworn a Replying Affidavit dated 29th February, 2020 in which he has among others attached the witness statement in particular that of the Applicant’s wife who has claimed that the accused will surely attack her if he is released as she is a key witness in the case.
4. Ogaro has further claimed that all the witnesses were within the vicinity of the scene and are generally relatives and if the Applicant is granted bond he may interfere with the witnesses.
5. The court has perused the application as well as the submissions by the Applicant. It is indeed true that the issue of granting a suspect bond is a right pursuant to Article 49 (1) (h) of the Constitution. The same also states that one may not be granted if the court things that it is not expedient in the circumstances.
6. In this case, this court does find that the Applicant merits being granted bail pending the determination of the suit. However, having read the affidavit of the Investigating Officer, I find that for now it may not be timely to do so. This is for the simple reason that the key witness who is the applicant’s wife is yet to testify. The evidence as presented in the Investigating Officer affidavit including the assault on his wife is compelling enough to deny him bond for now.
7. This court shall however at the appropriate time especially after the key witnesses have testified shall consider granting the Applicant bond. For now, the same is disallowed.
Dated, signed and delivered via Zoom at Kitale this 5th day of May, 2020.
_________________
H. K. CHEMITEI
JUDGE
5/5/2020