[2015] KEHC 4189 (KLR)
The court held that the right to bond is constitutional but not absolute. Since the prosecution did not present or highlight any compelling reasons to deny bond, the court exercised its discretion in favour of the applicant. The applicant was therefore granted bond on terms set by the court, with the expectation...
Source-derived case information.
- Citation
- [2015] KEHC 4189 (KLR)
- Parties
- Applicant: Dennis Siriba Nyangeri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 48 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- bond granted
- Legal Topics
- Bail and Bond, Murder Charges, Constitutional Rights, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Siriba Nyangeri
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the applicant is entitled to bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the applicant bond.
Ratio Decidendi
The court held that the right to bond is constitutional but not absolute. Since the prosecution did not present or highlight any compelling reasons to deny bond, the court exercised its discretion in favour of the applicant. The applicant was therefore granted bond on terms set by the court, with the expectation that he would attend monthly mentions until the conclusion of his case or further orders. Failure to comply with mention requirements would result in cancellation of the bond and sureties being called to account.
Court Disposition
bond granted
Orders
- The accused is released on a personal bond of KES 500,000 with one surety of similar amount, to be approved by the Deputy Registrar.
- The accused must attend court every month for mention of his case until completion 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. 48 OF 2013
DENNIS SIRIBA NYANGERI………………………………………..APPLICANT
VERSUS
REPUBLIC…………………………………………......…………RESPONDENT
RULING
1. This is an application for bond.
The accused is charged with the offence of murder contrary to section 203 as read with 204, of the Penal Code. The particulars thereof are that on the 4th day of April, 2013 at Bombare village in Magwagwa sublocation in Nyamra North District within Nyamira County jointly with others not before court murdered Zachary Onyange Orina. He denies the charge.
2. The right to bond/bail is a constitutional right. However, the right is not an absolute right. If there are compelling reasons to deny it, it is denied. Article 49(1)(h) of our onstitition is very clear on the right to bond subject to compelling reasons.
3. The prosecutor swore an affidavit on 22nd May, 2013 and filed it on 22nd May, 2013 since there are no highlighting clauses for reasons of emphasis, the court’s discretion can only be construed in favour of the accused being granted bond.
4. Accordingly, this court will release the accused on a personal bond of kshs. 500,000 with one surety of similar amount, the same to be approved by the Deputy Registrar of this Honourable court.
5. Upon his release the accused is expected to attend court every month for mention of his case until the completion of his case or until further orders of this court. The first such mention to be on 27th March, 2015.
6. In default of any one mention, the bond will be cancelled forthwith and the sureties will made to account.
7. It is so ordered.
Dated and delivered at KISII this 27th day of February, 2015
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Moseti holding brief for Gichana for the applicant
State (absent) for the respondent
Edwin Mongare Court Clerk.