[2013] KEHC 2679 (KLR)
The court found that the applicant had previously been granted bond, and although it was cancelled due to subsequent charges, he was later admitted to bail in those other cases. No evidence was presented by the prosecution to show that the applicant had jumped bail or that there were compelling reasons to deny him...
Source-derived case information.
- Citation
- [2013] KEHC 2679 (KLR)
- Parties
- Applicant: Elly Odongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 24 of 2013
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Bond
- Outcome
- application for bond granted
- Judges
- GO Shikwe
- Legal Topics
- Bail and Bond, Compelling Reasons, Preparation to Commit Felony, Robbery With Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elly Odongo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Bond
Legal Issues
- 1 Whether the applicant is entitled to bond in Criminal Case No. 1602 of 2011.
- 2 Whether the prosecution has provided compelling reasons to deny bond as required under Article 49(1)(h) of the Constitution.
- 3 Whether the applicant's previous bond cancellation and subsequent bail admissions in other cases affect his eligibility for bond in this case.
Ratio Decidendi
The court found that the applicant had previously been granted bond, and although it was cancelled due to subsequent charges, he was later admitted to bail in those other cases. No evidence was presented by the prosecution to show that the applicant had jumped bail or that there were compelling reasons to deny him bond in Criminal Case No. 1602 of 2011. The court emphasized that under Article 49(1)(h) of the Constitution, every accused person has the right to be released on bond or bail unless there are compelling reasons not to do so. Since no such reasons were provided, the applicant was entitled to bond.
Court Disposition
application for bond granted
Orders
- The applicant is admitted to a bond of Kshs. 500,000 with one surety of similar amount in respect to Criminal Case No. 1602 of 2011.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
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ELLY ODONGO ……………………………………………. APPLICANT
V
REPUBLIC ……………………………………………...... RESPONDENT
RULING
This is an application for bond premised on Section 123(2) and 3 of the Criminal Procedure Code Section 23(1) and Section 29(f) of the Constitution of Kenya and all other enabling provisions of the law.
The grounds are that the Applicant was arrested b Police on 16th May 2011 and arraigned in Court for the offence of preparation to commit a felony contrary to Section 308(1) of the Penal Code, being in possession of a firearm, being in possession of ammunition under the Firearms Act.
He was granted bond by the trial Court but it was cancelled when he was arrested and charged in Criminal Case No. 1634 of 2011, Criminal Case No. 2971 of 2011 and 2972 of 2011 where he was charged with the offences of robbery with violence contrary to Section 296(2) of the Penal Code. He was subsequently admitted to bail in the other cases but the trial Court in Criminal Case No. 1602 of 201 has refused to reinstate the bond.
It is further contended that no single witness has testified in Criminal Case No. 1602 of 2011 since the plea was taken.
No compelling reasons have been given by the prosecution as envisaged under Article 49(1)(h) of the Constitution.
No argument has been put forward indicating that the Accused/Applicant has jumped bail in the other cases in which bail has been granted.
It is ordered that he be admitted to a bond of Kshs. 500,000/- with one surety of similar amount in respect to Criminal Case No. 1602 of 2011.
Ruling read and delivered in open Court this 27th day of May, 2013.
M. MUYA
JUDGE
In the presence of:-
Mr. Ayodo for State
Miss Kwaya holding brief for Mr. Oguk
for the Applicant
Court clerk – Mr. Musundi