[2021] KEHC 1145 (KLR)
The court clarified that the applicant's motion for bond pending trial is not founded on the Muruatetu decision, which concerns the constitutionality of mandatory sentences for murder. The application is a standard request for bond, and the court directed that the file be consolidated with the main murder trial file...
Source-derived case information.
- Citation
- [2021] KEHC 1145 (KLR)
- Parties
- Applicant: Michael Ashene Omido; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 11 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Directions on Application for Bond Pending Trial
- Outcome
- Application for bond not determined; procedural directions issued.
- Judges
- DN Musyoka
- Legal Topics
- Bail and Bond, Murder Charges, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Ashene Omido
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Directions on Application for Bond Pending Trial
Legal Issues
- 1 Whether the applicant should be released on bond pending trial for a murder charge.
- 2 Whether the Supreme Court decision in Muruatetu applies to the applicant's request.
Ratio Decidendi
The court clarified that the applicant's motion for bond pending trial is not founded on the Muruatetu decision, which concerns the constitutionality of mandatory sentences for murder. The application is a standard request for bond, and the court directed that the file be consolidated with the main murder trial file for further directions regarding the bond application. The court did not determine the bond application on its merits but gave procedural directions for its consideration alongside the main trial.
Court Disposition
Application for bond not determined; procedural directions issued.
Orders
- Deputy Registrar to cause this file to be put together with Kakamega HCCRC No 47 of 2017.
- A date to be allocated for mention when both files shall be placed before the Judge for directions on the matter of bond pending trial.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISCELLANEOUS CRIMINAL APPLICATION NO. 11 OF 2020
MICHAEL ASHENE OMIDO.....................................PETITIONER
VERSUS
REPUBLIC..................................................................RESPONDENT
RULING
1. This matter was placed before me for the purpose of giving directions, in view of the recent decision by the Supreme Court in Francis Karioko Muruatetu & another vs. Republic; Katiba Institute & 5 others(Amicus Curiae[2021] (Koome CJ&P, Mwilu DCJ&VP, Ibrahim, Wanjala, Ndung’u & Lenaola SSJJ), with respect to mandatory sentences, where it was clarified that the decision, in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), had arisen from proceedings relating to murder, under section 204 of the Penal Code, Cap 63, Laws of Kenya, and the position stated in the said decision was intended to apply only to mandatory sentences with respect to murder cases.
2. The Motion herein, undated, filed herein on 9th March 2020, is not founded on Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), for the applicant does seeks review of sentence. His application is about being released on bond pending his trial in Kakamega HCCRC No 47 of 2017, where he is charged with murder.
3. Let Deputy Registrar cause this file to be put together with Kakamega HCCRC No 47 of 2017, and a date allocated for mention when both files shall be placed before the Judge for directions on the matter of bond pending trial.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 10TH DAY OF DECEMBER 2021
W MUSYOKA
JUDGE