Republic v Msuya Ngolo Lewis [2022] KEHC 1858 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

HIGH COURT CRIMINAL CASE NO. E077 OF 2021

REPUBLIC .........................................................................PROSECUTOR

VERSUS

MSUYA NGOLO LEWIS...........................................................ACCUSED

RULING ON BAIL

1.  Pursuant to the order of the court in the ruling delivered on  11th January, 2022, and taking into account the sentiments and/or the pre-sentence report by the probation department, I note several issues of concern that: -

a) Indeed, the accused deserves to be given the right to bond and on reasonable terms,

b) However, the court also needs to ensure that, he will turn up for trial, and

c)  The trial will proceed as scheduled and in that regard, the witnesses will be available as and when required.

2.  The challenge that has arisen from the pre-sentence report is the indication that, the witness may not be available due to an alleged intimidation and/or threat.  To deal with that concern, I direct as follows:-

a) The state, in this case the ODPP shall forthwith and without delay make arrangements for the lawful protection of the very witnesses under the provisions of the law and in particular the witness protection provisions.

b) In addition, the investigating officer of this matter shall forthwith commence extensive investigation of interference with the matter herein by the officers from Kariobangi and Huruma Police Station and an alleged Pastor.  The report of that investigation must be filed in court within two (2) weeks of the date of this order.

c)  The family members of the deceased shall be accorded adequate protection from harm (if any).  The steps taken in that regard shall be included in the aforesaid report.

3.  Having said so, I shall release the accused on bond of Kshs.2 million with one surety of like amounts.  The alternative of release of the accused bond cash bail shall be considered within two (2) weeks and after filing of the aforesaid investigative report. In the meantime, if the accused is released from custody, he shall not stay within the vicinity of the occurrence of the offence or the key witnesses and/or family members of the deceased, who are witnesses herein.  The investigating officer shall execute and monitor the said order.  The orders and conditions on bail terms are subject to review as and when the court is moved or as the cases progresses on.

4.   It is so ordered.

DATED, DELIVERED VIRTUALLY AND SIGNED ON THIS 14TH DAY OF FEBRUARY, 2022.

GRACE L. NZIOKA

JUDGE

IN THE PRESENCE OF:-

MS. GICHUKI FOR STATE

MR. D. OMARI & MR. OMAYIO FOR ACCUSED

ACCUSED PRESENT AT NAIROBI REMAND

EDWIN OMBUNA - COURT ASSISTANT