[2021] KEHC 1821 (KLR)
The court declined to grant free bond to the accused due to the seriousness of the charge (robbery with violence involving an AK 47 rifle) and the risk posed to the complainant and witnesses. The court found that the accused's health concerns could be managed within the prison health facilities and that virtual...
Source-derived case information.
- Citation
- [2021] KEHC 1821 (KLR)
- Parties
- Applicant: Phidelis Oduor Olendo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E090 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Directions Regarding Bond and Trial Management
- Outcome
- Application for free bond and summoning of Officer In charge dismissed; directions issued for expedited trial and virtual hearing if necessary.
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Bond Terms, Pretrial Detention, Virtual Hearings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phidelis Oduor Olendo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Directions Regarding Bond and Trial Management
Legal Issues
- 1 Whether the accused should be granted free bond given the seriousness of the offence and his health condition.
- 2 Whether the Officer In charge of Siaya G.K. Prisons should be summoned regarding the accused's health status.
- 3 How the trial should proceed in light of the accused's inability to attend physically due to health concerns.
Ratio Decidendi
The court declined to grant free bond to the accused due to the seriousness of the charge (robbery with violence involving an AK 47 rifle) and the risk posed to the complainant and witnesses. The court found that the accused's health concerns could be managed within the prison health facilities and that virtual hearings were sufficient to safeguard his right to a fair trial while protecting public health and security. The court also found no sufficient reason to summon the Officer In charge of Siaya G.K. Prisons, directing instead that the officer should update the trial court on the accused's health as advised by medical personnel. The trial court was ordered to prioritize and expedite...
Court Disposition
Application for free bond and summoning of Officer In charge dismissed; directions issued for expedited trial and virtual hearing if necessary.
Orders
- No orders regarding bond; previous bond terms remain.
- Trial court record to be returned to Ukwala PM’s court for urgent, priority hearing.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. E090 OF 2021
CORAM: R.E. ABURILI, J
PHIDELIS ODUOR OLENDO..............................................................................APPLICANT
VERSUS
REPUBLIC..........................................................................................................RESPONDENT
(Being an Application for directions arising from Ukwala Principal Magistrates’ Court
inCriminal Case No. 306 of 2021)
RULING
1. I have perused the letter dates 27/9/2021 from the Officer In charge Siaya G.K. Prisons. I have also perused the trial court file. The accused is facing robbery with violence charges. There was use of an AK 47 Rifle in the process of committing the alleged offence. The trial court granted the accused bond and even reduced the bond terms to very lenient terms.
2. The accused may be sick but the nature of the offence he is facing is too serious to ignore. Free bond is not appropriate in the circumstances where the accused is considered to be a danger and security risk to the complainant and other witnesses in the case.
3. I decline to make any orders regarding bond and direct the trial court record to be returned to Ukwala PM’s court forthwith for an urgent early hearing date to be fixed on priority basis on a day today basis to conclude the case expeditiously.
4. The accused can be heard virtually from prison custody if he is unable to raise bond. I however do not find any reasons for summoning of the Officer In charge Siaya G.K. Prisons in this matter as the accused person is said to be labouring under very serious health conditions and has been in and out of hospital since he was remanded, testing covid-19 positive all the time and having a serious underlying condition. There are health facilities at the G.K. Prisons and only in cases which cannot be handled at the facility which is managed by Government Medical personnel, should an accused inmate be taken to the General or Referral Hospital. What the Officer In charge prisons is expected to do is to update the trial court on the health condition of the inmate as advised by the health personnel who attend to the accused.
5. The accused on his part is expected to cooperate with the court and prisons authorities so that once he feels better and is able to follow proceedings, his case should proceed to hearing instead of him resisting a hearing which then delays disposal of his case.
6. In addition, it would be futile to issue production order for production of a covid-19 positive inmate except virtually.
7. The trial court is guided accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RD DAY OF NOVEMBER, 2021
R.E. ABURILI
JUDGE