Republic v Kirui [2023] KEHC 26246 (KLR)

Republic v Kirui (Criminal Case E006 of 2023) [2023] KEHC 26246 (KLR) (6 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26246 (KLR)

Republic of Kenya

In the High Court at Kilgoris

Criminal Case E006 of 2023

F Gikonyo, J

December 6, 2023

Between

Republic

Prosecutor

and

Alfred Kirui

Accused

Ruling

Bond/Bail Application 1. Ms. Pion orally applied on 07. 11. 2023 for the accused to be released on bond. She argued that the accused is a father and sole breadwinner. She added that the accused has been in custody since July 2023. Yet, he enjoys a presumption of innocence. Bail is a right. She urged this court to grant bail on reasonable conditions.

2. The prosecution opposed the release of the accused person herein on bail. Mr. Okeyo, the prosecution counsel stated that the prosecution is yet to file an affidavit on compelling reasons especially since the key witnesses are close relatives of the accused for example the eye witness is the sister of the accused person. Therefore, there is a high risk of interference with witnesses. He requested to file in 7 days.

Directions of the court. 3. This court directed the prosecution to file and serve the affidavit on compelling reasons in 7 days. The defense is to file replies in 7 days of service.

4. The orders above have not been complied with. The prosecution has not filed an affidavit on compelling reasons.

5. The prosecution however, stated that the eye witness is a sister to the accused and is highly likely that he will interfere with her if released. The proximate relationship between the witness and the accused makes her vulnerable to threats, intimidation or manipulation by the accused. The witness is also a victim with rights under section 10 of the Victims Protection Act to be free from fear, intimidation, threat or manipulation which should be protected and upheld by the court.

6. In light thereof, this is a compelling reason not to release the accused on bond. He shall remain in custody during the hearing of the case. Nonetheless, the hearing should be fast-tracked.

7. Vulnerable witness to testify after which bail may be reviewed.

8. Orders accordingly.

DATED, SIGNED, AND DELIVERED AT NAROK THROUGH MICROSOFT TEAMS ONLINE APPLICATION THIS 6TH DAY OF DECEMBER, 2023. -----------------------------F. GIKONYO M.JUDGEIn the Presence of:1. CA – Leken2. M/s. Mireri for Accused - present3. Okeyo for DPP - present