[2014] KEHC 1651 (KLR)
The court found that the accused had not been able to meet the initial bond terms of Kshs.5,000,000, and that there were no compelling reasons presented by the prosecution to justify denial of bail or the maintenance of onerous bond terms. In accordance with Article 49(1)(h) of the Constitution, which guarantees the...
Source-derived case information.
- Citation
- [2014] KEHC 1651 (KLR)
- Parties
- Applicant: Republic; Defendant: Andrew Otieno Oino
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 29 of 2013
- Procedural Posture
- Criminal Murder / Ruling on Bond Review
- Outcome
- Bond terms reviewed and reduced; accused granted alternative release conditions.
- Legal Topics
- Bail and Bond, Pretrial Release, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Andrew Otieno Oino
Defendant
Procedural Posture
Criminal Murder / Ruling on Bond Review
Legal Issues
- 1 Whether the bond terms previously set for the accused were reasonable in light of Article 49(1)(h) of the Constitution.
- 2 Whether there were compelling reasons to deny the accused bail or to maintain the original bond terms.
Ratio Decidendi
The court found that the accused had not been able to meet the initial bond terms of Kshs.5,000,000, and that there were no compelling reasons presented by the prosecution to justify denial of bail or the maintenance of onerous bond terms. In accordance with Article 49(1)(h) of the Constitution, which guarantees the right to reasonable bail or bond conditions, and considering the delay in setting a hearing date due to backlog of cases, the court exercised its discretion to review and reduce the bond terms. The court set aside the previous bond terms and substituted them with more reasonable conditions, allowing the accused to be released on his own bond of Kshs.2,000,000 with two sureties...
Court Disposition
Bond terms reviewed and reduced; accused granted alternative release conditions.
Orders
- The bond terms granted on 23rd May 2013 are set aside.
- The accused may be released on his own bond of Kshs.2,000,000 with two sureties of like amount, such sureties to be approved by the Deputy Registrar.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL MURDER NO.29 OF 2013
REPUBLIC …...........................................................................................PROSECUTOR
VERSUS
ANDREW OTIENO OINO................................................................................ACCUSED
RULING NO.2
On the 23rd May 2013, the accused person herein, Andrew Otieno Oino, was granted bond of Kshs.5,000,000/= (Five Million). The accused person has not met the bond terms as above stated.
Due to the number of pending cases registered in the year 2012 and before then, this case is yet to be given a hearing date.
In light of the above circumstances, this court on its own motion has decided to review the bond terms in keeping with the provisions of Article 49 (1) (h) of the Constitution which require that an arrested person has a right to be released on bond or bail, on reasonable conditions unless there are compelling reasons not to be so released.
In the Replying Affidavit sworn by No.69584 Cpl. Martin Samburmo on 2nd March 2014, it was stated at paragraph 8 thereof that there were “no compelling reasons to deny the applicant bail.” It was and still is, within the discretion of the court to determine the terms of any bond/bail application.
Having stated the above, I hereby set aside the bond terms granted to the applicant/accused person herein on 23rd May 2013 in terms of orders 1 and 2 in lieu thereof order as follows:-
The accused may be released on his own bond of Kshs.2,000,000/= (Kenya shillings Two Million) with 2 sureties of a like amount, such sureties to be approved by the DR of this honourable Court.
In the alternative, the accused may be released on cash bail of Kshs.500,000/= (Kenya Shillings Five Hundred Thousand) with one surety of Kshs.2 Million (Kenya Shillings Two Mill lion).
Orders 3 and 4 of 23rd May 2013 remain unchanged.
Mention on 01/09/2014 for further orders.
Orders accordingly.
Dated, delivered and signed at Kisii this 1st day of August, 2014
R.N. SITATI
JUDGE.
In the presence of:-
Mr. Majale for State
Mr. Sonye Ondari for Accused
Mr. Bibu - Court Assistant