[2015] KEHC 4216 (KLR)
The court held that the applicant, charged with murder, is entitled to bond under Article 49(1)(h) of the Constitution unless compelling reasons are presented to deny such bond. Since the state did not object and no compelling reasons were advanced, the court was obliged to grant bond. The court therefore ordered...
Source-derived case information.
- Citation
- [2015] KEHC 4216 (KLR)
- Parties
- Applicant: Paul Birigi Samson; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 104 of 2014
- Procedural Posture
- Criminal Case / Application for Bond Pending Trial
- Outcome
- Bond granted to the applicant pending trial.
- Legal Topics
- Bail and Bond, Murder Charges, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Birigi Samson
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 the offence of murder.
- 2 Whether there are compelling reasons to deny the applicant bond under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court held that the applicant, charged with murder, is entitled to bond under Article 49(1)(h) of the Constitution unless compelling reasons are presented to deny such bond. Since the state did not object and no compelling reasons were advanced, the court was obliged to grant bond. The court therefore ordered the release of the accused on a personal bond of Kshs. 500,000 with one surety of the same amount, subject to monthly court attendance until the case is disposed of or further orders are made. Failure to attend any mention would result in immediate cancellation of the bond and the surety being called to account.
Court Disposition
Bond granted to the applicant pending trial.
Orders
- The accused is released on personal bond of Kshs. 500,000 with one surety of the same amount.
- The accused must attend court every month for mention of his case until disposal or further orders.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 104 OF 2014
PAUL BIRIGI SAMSON…………………………………………….APPLICANT
VERSUS
REPUBLIC…………………………………………………………RESPONDENT
RULING
This is an application for bond. The accused was charged in this court with the offence of murder, contrary to section 203 as read with 204 of the penal Code. The particulars of which are that on 14th day of October, 2014 at Getacho sublocation in Masaba south District within Kisii County in the Republic of Kenya murdered David Nahashon Ogise. He denies the offence, hence the case will have to be tried. In the meantime pending his trial, the accused asks for bond.
Article 49(1)(h) is the guiding provision of the Constitution in this regard. It gives Constitutional right to get bond to an accused person. At the same time, it make this right subject to compelling reasons if any.
In the absence of compelling reasons, the court is inclined, as it must, to grant bond. In the instance case, the state officer- state counsel- had no objection for accused being released on bond.
Accordingly, this court will release the accused person on persona bond of kshs. 500,000 with one surety of the same amount. Upon his release is expected to attend court every month for mention of his case until the disposal of the same or until further orders. The first such mention to be on 6th April, 2015.
In default any one mention, the bond will be cancelled forthwith. And the surety to be made to account.
It is so ordered.
Dated and delivered at KISII this 6th day of March, 2015
C.B. NAGILLAH,
JUDGE.
In the presence of:
Bigogo for the applicant
Otieno for the respondent
Edwin Mongare Court Clerk.