[2015] KEHC 5930 (KLR)
The court found that the applicant was entitled to a review of bail/bond as the civilian witnesses who were relatives of both the accused and the deceased had already testified. The prosecution did not provide any compelling reasons to continue denying bail. The court reiterated that the purpose of bail is to secure...
Source-derived case information.
- Citation
- [2015] KEHC 5930 (KLR)
- Parties
- Applicant: Peter Mayeka Mokongu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 73 of 2013
- Procedural Posture
- Criminal Case / Ruling on Review of Bail/bond
- Outcome
- Application for review of bail/bond allowed.
- Legal Topics
- Bail Review, Murder Charge, Compelling Reasons, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mayeka Mokongu
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Review of Bail/bond
Legal Issues
- 1 Whether the applicant is entitled to a review of bail/bond after initial denial.
- 2 Whether there are compelling reasons to deny the applicant bail/bond at this stage of proceedings.
Ratio Decidendi
The court found that the applicant was entitled to a review of bail/bond as the civilian witnesses who were relatives of both the accused and the deceased had already testified. The prosecution did not provide any compelling reasons to continue denying bail. The court reiterated that the purpose of bail is to secure the accused's attendance at trial and that murder, while serious, is a bailable offence unless compelling reasons are demonstrated. In the absence of such reasons, the court granted the application for bail/bond on specified terms.
Court Disposition
Application for review of bail/bond allowed.
Orders
- The applicant shall execute a bond of Kshs 1,000,000 with one surety of the same amount.
- In the alternative, the applicant shall pay cash bail of Kshs 300,000.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 73 OF 2013
PETER MAYEKA MOKONGU………………………APPLICANT
VERSUS
REPUBLIC……………..………………………….RESPONDENT
RULING
This ruling is in respect of review of bail/bond. The initial application for bail/bond was argued on 26th May 2014 and a ruling on the same delivered on 23rd June 2014 dismissing the application. The judge who handled the application and delivered the ruling stated in paragraph seven of that ruling that the applicant was at liberty to review his bail application once the civilian witnesses who were relatives of both the accused (applicant) and the deceased had testified.
This is a 2013 case. The plea was taken on 11th July 2013. Hearing of this case commenced before me on the 29th October 2014. The prosecutor has so far called four witnesses. From 30th October 2014, when the fourth witness testified to date, no other witness has testified due to failure by the prosecutor to summon the witnesses. Further hearing has been scheduled for 18th and 19th May 2015.
The prosecuting counsel is not opposed to the application for review. Instead she opted to leave matters to the court to make a decision.
I wish to emphasize that the main objective of bail/bond is to secure attendance in court of an accused persons as and when so required by the court until his/her case is fully heard and determined. I need not belabor the point that murder is a bailable offence under the laws of this country and this court having not been given any compelling reasons as to why this application should not be allowed I find that I have no reason to decline granting the orders sought. I therefore grant the applicant bail/bond on the following terms that:
(i) The applicant shall execute a bond of Kshs one million Kenya shillings (Kshs. 1,000,000) with one surety of the same amount.
(ii) In the alternative the applicant shall pay cash bail of three hundred thousand Kenya shillings (Kshs. 300,000).
Orders are made accordingly.
Dated, signed and delivered this 3rd March 2015
S. N. MUTUKU
JUDGE