[2015] KEHC 4199 (KLR)
The court held that since the prosecution did not oppose the application for bond and failed to provide any compelling reasons to deny the applicant his constitutional right, the applicant should be released on bond. The court emphasized that the right to bond is constitutional but not absolute, and in the absence...
Source-derived case information.
- Citation
- [2015] KEHC 4199 (KLR)
- Parties
- Applicant: Josephat Ongubo Ratemo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2015
- Procedural Posture
- Criminal Case / Application for Bond Pending Trial
- Outcome
- Application for bond allowed; applicant released on bond pending trial.
- Legal Topics
- Right to Bail, Murder Charge, Pre Trial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephat Ongubo Ratemo
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Application for Bond Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bond pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the applicant bond.
Ratio Decidendi
The court held that since the prosecution did not oppose the application for bond and failed to provide any compelling reasons to deny the applicant his constitutional right, the applicant should be released on bond. The court emphasized that the right to bond is constitutional but not absolute, and in the absence of opposition or compelling reasons from the state, the applicant is entitled to bond pending trial.
Court Disposition
Application for bond allowed; applicant released on bond pending trial.
Orders
- The applicant is released on a personal bond of KES 500,000 with one surety of similar amount, to be approved by the Deputy Registrar.
- The applicant shall attend court every 30 days for mention of his case until determination or further orders, with the first attendance on 23rd April, 2015.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 4 OF 2015
JOSEPHAT ONGUBO RATEMO…………………...………………APPLICANT
VERSUS
REPUBLIC………………………………………………………..RESPONDENT
RULING
1. This is an application for bond. The applicant JOSEPHAT ONGUBO RATEMO was charged for murder, contrary to section 203 as read with s.204 of the Penal Code. It is alleged that on 13th day of November, 2014 at Masongo village in Kisii Central within Kisii County in the Republic of Kenya, murdered REBECCA KERUBO MOCHERE. He denies the charge. And now he applied for bond pending the trial and determination of his case.
2. Bond is a constitutional right under Article 49(1)(h) of the Constitution of Kenya. The right however is circumscribed and it not absolute. It is incumbent upon the state, the prosecution to show cause why the accused should not enjoy the right to bond. The state does so by filing an affidavit giving reasons why the accused person is to be denied this right.
3. However, on the 16th March, 2015, the prosecutor, being the respondent, stated that they had no intention to oppose this application.
4. Accordingly, this court, for reasons that the state has no opposition to this application, i shall release the accused person 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 court.
5. Upon his release he will be expected to attend court every 30 days for mention of his case until the determination of his case or further court orders. The first such attendance to be on 23rd of April, 2015.
6. Any one default of the said attendance, the bond shall be cancelled forthwith and the sureties made to account.
It is so ordered.
Dated and delivered at KISII this 24th day of March, 2015
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Nyawencha holding brief for Ogari for the applicant.
Otieno state for the Respondent.
Edwin Mongare Court Clerk.