[2025] KEHC 6392 (KLR)

[2025] KEHC 6392 (KLR)

The court held that the applicant, charged with an offence punishable by a fine only or imprisonment for not more than six months under Section 94(1) of the Penal Code, falls squarely within the protection of Article 49(2) of the Constitution. This provision entitles such accused persons to automatic bond or bail and prohibits their remand in custody. The trial court's order deferring bond on the basis of ongoing investigations and other pending charges was contrary to the Constitution, as the compelling reasons test does not apply to petty offences. The High Court, exercising its supervisory jurisdiction under Section 362 of the Criminal Procedure Code, found the trial court's order...

Citation
[2025] KEHC 6392 (KLR)
Parties
Applicant: Rashid Omondi; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
8 May 2025
Case Number
Criminal Revision E062 of 2025
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Bond Denial
Outcome
application for revision allowed; trial court's order deferring bond set aside; applicant to be released on personal bond
Judges
JM Omido
Legal Topics
Bail and Bond, Supervisory Jurisdiction, Petty Offences, Remand Procedure
Source Language
English
Criminal Law Civil Procedure Bail and Bond Supervisory Jurisdiction Petty Offences Remand Procedure

Case Brief

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Parties

Rashid Omondi

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Revision of Bond Denial

Legal Issues

  1. 1 Whether the applicant, charged with an offence punishable by a fine only or imprisonment for not more than six months, is entitled to automatic bond or bail under Article 49(2) of the Constitution.
  2. 2 Whether the trial court erred in deferring and effectively denying bond to the applicant for a petty offence contrary to constitutional provisions.
  3. 3 Whether the High Court should exercise its supervisory jurisdiction to set aside the trial court's order denying bond.

Ratio Decidendi

The court held that the applicant, charged with an offence punishable by a fine only or imprisonment for not more than six months under Section 94(1) of the Penal Code, falls squarely within the protection of Article 49(2) of the Constitution. This provision entitles such accused persons to automatic bond or bail and prohibits their remand in custody. The trial court's order deferring bond on the basis of ongoing investigations and other pending charges was contrary to the Constitution, as the compelling reasons test does not apply to petty offences. The High Court, exercising its supervisory jurisdiction under Section 362 of the Criminal Procedure Code, found the trial court's order...

Court Disposition

application for revision allowed; trial court's order deferring bond set aside; applicant to be released on personal bond

Orders

  • The order of the trial court of 28th April, 2025 deferring the applicant's bond is set aside.
  • The applicant shall be released forthwith upon executing a personal bond of Ksh.5,000/- with own recognizance in E329 of 2025; no other security required.