[2013] KEHC 7070 (KLR)
The court held that the accused is entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution. Since the prosecution did not provide any compelling reasons to oppose the application, and the state counsel expressly stated that there were none, the court found no justification to deny bail....
Source-derived case information.
- Citation
- [2013] KEHC 7070 (KLR)
- Parties
- Respondent: Republic; Applicant: Bob Sam Otieno
- Court
- High Court
- Court Station
- High Court at Nyandarua
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 44 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Bail granted to the accused on specified terms.
- Judges
- EM Muchoki
- Legal Topics
- Bail Pending Trial, Right to Bond, Compelling Reasons, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Bob Sam Otieno
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court held that the accused is entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution. Since the prosecution did not provide any compelling reasons to oppose the application, and the state counsel expressly stated that there were none, the court found no justification to deny bail. The court therefore granted bail to the accused on specified terms, including execution of a bond and provision of sureties, with conditions for court attendance pending trial.
Court Disposition
Bail granted to the accused on specified terms.
Orders
- The accused shall execute a bond of Kshs. 3,000,000 and furnish the court with two substantial sureties of similar amount.
- The sureties to be examined by the Deputy Registrar.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
Cases in Magistrate Courts
Criminal Case 44 of 2013 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
REPUBLIC………………………………………………….PROSECUTOR.
VERSUS
BOB SAM OTIENO………………………............………………ACCUSED.
RULING.
The accused BOB SAM OTIENO is charged with murder C/Sec. 203 as read with S. 204 of the penal code. He pleaded not guilty to the charge/information and has through his Advocate Mr. Awech sought to be released on bond/bail pending the trial. Miss Valery the learned Advocate for the Republic did not object because in her own words she had not been given any reasons as to why the accused persons should not be released.
Article 49(1) (h) of the constitution guarantees accused’s persons right to bond or bail, on reasonable terms unless there are compelling reasons not to be released. As the state counsel has stated that there are no such compelling reasons in this case, I do allow the accused’s application upon the following conditions:-
1. That he shall execute a bond of Kshs.3 million and furnish the court with 2 (two) substantial sureties of similar amount.
2. The sureties to be examined by the Deputy Registrar.
3. That pending the trial the accused shall attend court once a month the first mention being on 9. 5.2013 (in the event that bond is executed).
4. Hearing on 11. 6.2013.
Signed, dated and delivered at Homa bay this 10th day of April, 2013.
E.N. MAINA
JUDGE
In presence of:-
Mr. Awech for accused person
Miss Valery for state
Eudice – Dholuo interpreter.
Accused person.
Interpretation – English/Dholuo.
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