[2015] KEHC 4140 (KLR)
The court held that the right to bond is constitutional but not absolute, and that bond may only be denied if the prosecution demonstrates compelling reasons. In this case, the prosecution expressly stated that there were no compelling reasons to deny bond. Consequently, the court found no basis to withhold bond and...
Source-derived case information.
- Citation
- [2015] KEHC 4140 (KLR)
- Parties
- Applicant: Jackson Nyankena Mwichabi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 84 of 2011
- Procedural Posture
- Criminal Case / Application for Bond Pending Trial
- Outcome
- Bond granted to the applicant.
- Legal Topics
- Right to Bail, Murder Charge, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jackson Nyankena Mwichabi
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Application for Bond Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bond pending trial for a murder charge.
- 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, and that bond may only be denied if the prosecution demonstrates compelling reasons. In this case, the prosecution expressly stated that there were no compelling reasons to deny bond. Consequently, the court found no basis to withhold bond and granted the applicant release on personal bond with surety, subject to conditions of regular court attendance and compliance with bond terms.
Court Disposition
Bond granted to the applicant.
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 until the completion of the hearing of his case, with the first attendance on 27th March, 2015.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 84 OF 2011
JACKSON NYANKENA MWICHABI……………………APPLICANT
VERSUS
REPUBLIC………………….RESPONDENT
RULING
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 on 12th May, 2011 at Mashangwa location in Transmara District of the Narok County murdered Mwise Mwichabi. He denies the offence and asks for bond pending the hearing and determination of his case.
The right to bond is a constitutional right. Under Article 49(1)(h) of the Constitution of Kenya. This right although constitutional is not an absolute right. There are, circumstances, when the same will be denied. This will be so if there are compelling reasons to deny bond.
The prosecution is expected to show cause when and where there are compelling reasons. More often, the prosecution is expected to file his affidavit stating the deniability or otherwise of the accused to be released on bond.
In the instance case, the prosecution said in their brief submission that there are no compelling reasons to deny bond.
The court, therefore, proceeds to grant bond to the accused.
Accordingly, the accused is hereby released 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.
In the event of that release, the accused will be expected to attend court every month until the completion of the hearing of his case. The first such attendance will be on 27th March, 2015.
In default, the bond will be cancelled forthwith and the surety will be made to account.
It is so ordered.
Dated and delivered at KISII this 25th day of February, 2015.
C.B. NAGILLAH,
JUDGE.
In the presence of:
Omwega holding brief for Bigogo for the applicant
Otieno for the respondent
Edwin Mongare Court Clerk.