The High Court at Murang'a dismissed a murder accused’s bail application, finding compelling reasons based on the risk of interference with a key child witness.
The High Court at Nakuru denied bond to an accused charged with murder, finding a risk of witness interference because key witnesses were close family members.
Republic v Kariuki & 2 others [2025] KEHC 10691 (KLR)
Court
High Court
Case number
Criminal Case E012 of 2025
Judge
FN Muchemi
The High Court at Thika granted bail to three accused persons charged with murder, finding the prosecution had not shown compelling reasons to deny release.
The High Court at Murang'a dismissed a bail application in a murder case, finding compelling reasons based on witness-interference risk from close family ties.
The High Court at Eldoret denied bail at this stage in a murder case, finding compelling reasons based on witness interference risk and family tensions.
The court found that while the accused has a constitutional right to bail, this right is not absolute and may be curtailed if the prosecution demonstrates compelling reasons. In this case, the prosecution established that key prosecution witnesses are the accused's biological brothers, creating a real risk of direct or indirect influence on their testimony if the accused is released to their custody. The court held that the close familial relationship and shared residence at the locus in quo substantiate the likelihood of witness interference, which constitutes a compelling reason to deny bai…
The court found that, although the prosecution did not oppose the bail application, the pre-bail report was negative and indicated a real risk that the accused might interfere with witnesses, as there were allegations that he had attempted to do so prior to his arrest. The court held that the interests of justice would not be served by releasing the accused into the community where the witnesses reside. Accordingly, the accused was denied bail at this stage, with liberty to renew the application after at least three prosecution witnesses have testified.
High Court at Bungoma declined bond for an accused charged with murder, citing alleged witness interference and the interests of justice despite a favorable pre-bail report.
Republic v Macharia & another [2025] KEMC 148 (KLR)
Court
Magistrate's Court
Case number
Criminal Case E1195 of 2025
Judge
PA Ndege
The magistrate granted the accused persons bail in a criminal case, finding no compelling reasons to deny release despite concerns about witness interference.