[2015] KEHC 4166 (KLR)
The court found that the accused is entitled to bond as a constitutional right unless the prosecution demonstrates compelling reasons to deny it. In this case, the State did not file any affidavit or present evidence to oppose the bond application. The bail assessment report and the area assistant chief's letter...
Source-derived case information.
- Citation
- [2015] KEHC 4166 (KLR)
- Parties
- Applicant: Ben Ole Mpinding; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 97 of 2014
- Procedural Posture
- Criminal Case / Bond Application Ruling
- Outcome
- Bond granted to the accused.
- Legal Topics
- Bail and Bond, Compelling Reasons, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ben Ole Mpinding
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bond Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny the accused bond as required by the Constitution.
Ratio Decidendi
The court found that the accused is entitled to bond as a constitutional right unless the prosecution demonstrates compelling reasons to deny it. In this case, the State did not file any affidavit or present evidence to oppose the bond application. The bail assessment report and the area assistant chief's letter were both favorable to the accused, and there was no objection from the local administration. Therefore, the court concluded that there were no compelling reasons to deny bond and granted the accused release on personal bond with surety, subject to regular court attendance.
Court Disposition
Bond granted to the accused.
Orders
- The accused is released on personal bond of Kshs. 500,000 with one surety of similar amount, to be approved by the Deputy Registrar.
- The accused must attend court mention every 30 days until determination of the case or further orders.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO. 97 OF 2014
BEN OLE MPINDING…..........................................ACCUSED
VERSUS
REPUBLIC......................................................RESPONDENT
RULING
1. This is an application for bond.
The accused Ben Ole Mpinding was charged with murder contrary to section 203 as read with 204 of the Penal Code. The particulars being that on the night of 2nd and 3rd of November, 2013 at Nyangusu shopping centre in Nyamache District within Kisii County in the Republic of Kenya murdered one Mary Boke. He denies the offence.
2. He asks for bond. The constitution makes bond a constitutional right. However, this right is not absolute. The prosecution may show cause why there are compelling reasons not to grant bond. Article 49(1) 9h) is very clear on bond. The state has not filed any affidavit to show cause as to the deniability of bond.
However, bail assessment report on the accused was filed on 16th February, 2015. The accused is 30 years. He is married and has two school going children. The report is favourable to the accused. The area assistant chief, MR. Gideon Suyai Milenya has appended his letter to the report imploring this court to release the accused on bond. Both the report and the assistant chief are not objecting to his bond application.
3. In this regard therefore the accused is hereby released on person bond of Kshs. 500,000 with one surety of similar amount the same to be approved by the Deputy Registrar of this Honourable Court.
4. Upon his release, the accused is expected to attend court mention of his case every 30 days, until the determination of his case or further orders of this case. The first such mention to be on 27th March, 2015. Any default, the bond will be cancelled and sureties would be made to account.
5. It is ordered.
Dated and delivered at KISII this 27th day of February, 2015.
C.B. NAGILLAH,
JUDGE.
In the presence of:
Moseti for the applicant
State(absent) for the respondent.
Edwin Mongare Court Clerk.