[2015] KEHC 4231 (KLR)
The court held that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, and in the absence of any compelling reasons presented by the prosecution to deny bail, the accused persons are entitled to be released on bond. The court considered the pre-bail assessment reports for two of the...
Source-derived case information.
- Citation
- [2015] KEHC 4231 (KLR)
- Parties
- Applicant: Republic; Defendant: Agnes Kemunto Makori; Defendant: Nyangaresi Nyangau Muma; Defendant: Davis Nyarunda Isaboke alias Erick Joseph
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 109 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted for two accused, deferred for one accused
- Legal Topics
- Bail Application, Murder Charge, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Agnes Kemunto Makori
Defendant
Nyangaresi Nyangau Muma
Defendant
Davis Nyarunda Isaboke alias Erick Joseph
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bail to the accused persons.
Ratio Decidendi
The court held that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, and in the absence of any compelling reasons presented by the prosecution to deny bail, the accused persons are entitled to be released on bond. The court considered the pre-bail assessment reports for two of the accused, which indicated they were responsible individuals who undertook to attend court and not interfere with witnesses. Accordingly, the court granted each of the two accused persons bail on personal bond terms with sureties, subject to approval by the Deputy Registrar, and imposed conditions for regular court attendance. The court deferred consideration of bail for the...
Court Disposition
bail granted for two accused, deferred for one accused
Orders
- Davis Nyarunda Isaboke is released on a personal bond of KES 500,000 plus two sureties of similar amount, to be approved by the Deputy Registrar.
- Nyangaresi Nyangau Muma is released on a personal bond of KES 500,000 plus two sureties of similar amount, to be approved by the Deputy Registrar.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 109 OF 2014
REPUBLIC……………………………..……………………….APPLICANT
VERSUS
AGNES KEMUNTO MAKORI……………………………….1ST ACCUSED
NYANGARESI NYANGAU MUMA……………….………...2ND ACCUSED
DAVIS NYARUNDA ISABOKE ALIAS ERICK JOSEPH…..1ST ACCUSED
RULING
This is an oral application by the three accused persons, that is, Dennis Isaboke, Nyangaresi Nyangau, and Agnes Kemunto Makori. The three accused persons have been charged with murder, contrary to section 203 and 204 of the penal code. It is alleged that on the 28th October, 2014 at Mogonga village, Riosugo sublocation, Bassi Borabu location in Nyamache district Kisii County, jointly murdered Edward Obino Gechabe. They both deny the charge. However, they ask for bond, to be released pending the hearing and determination of their case.
Bond/bail is a constitutional right as provided by the constitution article 49(1)(h) unless there are compelling reasons to deny the bond, the bond must be given as a matter of right. The prosecution, in this case, has not filed any response to give compelling reasons why the three accused persons should not be given or be released on bond.
However, in the court file there are two pre-bail assessment report in respect of : a) Davis (Dannis) Isaboke and Nyangaresi Nyangau. There appears to be no report on Agnes Kemunto Makori.
The court will be guided, in the meantime, with the two reports pending the response from the state and if this report is filed before the ruling hereof.
On Davis(Dennis) Isaboke. His aged 27 years and married father of three children who are still very young. The inquiry shows that the accused, generally, is a responsible person. He has promised to attend court at all time, and to adhere to all the terms that may be ordered by the court. He further promises not to interfere with witnesses if he is granted bond.
Accordingly and for the reasons above, the accused is hereby released on a personal bond of kshs. 500,000 plus two sureties of the similar amount, to be approved by Deputy Registrar of this court.
Upon his release, the accused shall attend court for mention of his case once every month until the case is heard and determined. The first such mention shall be on 16th March, 2015. Any default, the bond shall stand cancelled and sureties be made to account.
On Nyangaresi Nyangau. He is aged 57 years and married, he has a number of dependants. The interview reveals that the accused is a responsible person. He has promised to attend court at all times as required. Accordingly and for the reasons above the accused is hereby released on personal bond of kshs. 500,000 plus two sureties of similar amount, the same to be approved by the Deputy Registrar of this court. Upon his release the accused is to attend court every month until the hearing and completion of his case. The first such mention will be on 16th of March, 2015. Any default, the bond shall stand cancelled and sureties be made to account.
It is so ordered.
Dated and delivered at KISII this 16th day of February, 2015
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Okenye for the applicants.
Otieno for the respondent.
Edwin Mongare Court Clerk.