[2016] KEHC 4922 (KLR)
The court found that since the prosecution did not oppose the bond application and did not present any compelling reasons to deny the accused bond, the accused was entitled to be released on bond pending trial. The court relied on the constitutional presumption of the right to bond and the absence of any evidence or...
Source-derived case information.
- Citation
- [2016] KEHC 4922 (KLR)
- Parties
- Respondent: Republic; Applicant: Caroline Ontune
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2016
- Procedural Posture
- Criminal Case / Bond Application Ruling
- Outcome
- Bond granted to the accused pending trial.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Compelling Reasons, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Caroline Ontune
Applicant
Procedural Posture
Criminal Case / Bond Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bond as per Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that since the prosecution did not oppose the bond application and did not present any compelling reasons to deny the accused bond, the accused was entitled to be released on bond pending trial. The court relied on the constitutional presumption of the right to bond and the absence of any evidence or argument from the state to rebut this presumption. Accordingly, the court allowed the application and set the terms of bond.
Court Disposition
Bond granted to the accused pending trial.
Orders
- The accused may be released on her own personal bond of Kshs. 500,000 with one surety of a similar amount.
- The accused shall appear in court whenever required until the case is heard and determined or until further orders of the court.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 10 OF 2016
REPUBLIC………………………..…………………………..PROSECUTOR
VERSUS
CAROLINE ONTUNE…………………………….………..……….ACCUSED
RULING
The accused person herein CAROLINE ONTUNE, is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. It is alleged that on the night of 11th April, 2016, at Iyabe Location in Kisii South District within Kisii County, the accused murdered MEVIA MORAA.
The accused pleaded not guilty to the charge and is currently awaiting her trial.
The accused has, through her Lawyer Mr. Bigogo, applied to be released on bond pending her trial.
Mr. Otieno, counsel for the state, intimated to the court that there were no compelling reasons to warrant the accused being denied bond as envisaged under Article 49 (1) (h) of the Constitution.
In view of the fact that the accused’s application for bond was not opposed by the state, I hereby allow he said application in the following terms:
The accused may be released on her own personal bond of Kshs. 500,000/= with one (1) surety of a similar amount.
Once she is released on bond, she shall appear in court whenever she is required to do so by the Honourable Court until the case is heard and determined or until further orders of this Honourable Court.
In default of (2) above, the bond shall be cancelled immediately and the sureties taken to account.
Delivered, dated and signed in at Kisii on 30th day of May, 2016.
W.A. OKWANY
JUDGE
In the presence of:
Otieno for the State
Mr. Magara for Bigogo for the Accused
Omwoyo court clerk