[2015] KEHC 22 (KLR)
The court found that, in the absence of a fresh affidavit or pre-bail assessment report from the prosecution and given the constitutional presumption in favor of bond, there were no longer compelling reasons to continue denying the accused bail. The previous denial was based on potential disharmony between the...
Source-derived case information.
- Citation
- [2015] KEHC 22 (KLR)
- Parties
- Respondent: Republic; Applicant: Chrisantus Ondati Masega
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Accused released on bond with conditions.
- Judges
- CB Nagillah
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Chrisantus Ondati Masega
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused should be released on bond pending trial.
- 2 Whether circumstances have changed since the previous denial of bond to warrant release.
Ratio Decidendi
The court found that, in the absence of a fresh affidavit or pre-bail assessment report from the prosecution and given the constitutional presumption in favor of bond, there were no longer compelling reasons to continue denying the accused bail. The previous denial was based on potential disharmony between the accused and the deceased's family, but the prosecution did not provide updated evidence that such tensions persisted. Therefore, the court exercised its discretion to grant the accused release on bond, subject to conditions to ensure his attendance at trial and the security of the bond.
Court Disposition
Accused released on bond with conditions.
Orders
- The accused is released on a personal bond of Ksh.1,000,000 with two sureties of similar amount to be approved by the Deputy Registrar.
- The accused must attend court monthly for mention of his case until determination or further orders.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.49 OF 2012
REPUBLIC
VERSUS
CHRISANTUS ONDATI MASEGA..................ACCUSED
RULING
1. On 8th January 2013 this court ruled against releasing the accused on bond because his release at the time would likely lead to further disharmony between the accused and the deceased's family. This was borne out from the affidavit dated 12th June 2012 sworn by No.67867 PC. Alfred Nasio, the Investigating Officer praying that the application for bond be dismissed which application was duly dismissed for reasons therein stated.
However, the applicant was at liberty to apply for bond at a later date when the situation at the family level has cooled and tensions reduced.
2. The accused, Chrisantus Ondati Masega was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars are that on the night of 4th and 5th March 2013 at Bobaracho village, Kigati Location within Kisii County in the Republic of Kenya murdered Douglas Masese.
The court is alive to the fact that bond is a constitutional right under Article 49 (I) (h).
3. The prosecution did not file a fresh affidavit, neither was there a fresh pre-bail assessment report to guide this court. The same is left to the discretion of the court.
4. Accordingly, I hereby release the accused person on a personal bond of Ksh.1,000,000/= with two sureties of similar amount to be approved by the Deputy Registrar of this court.
Secondly, if released he is expected to attend court monthly for mention of his case until the determination of this case or until further court orders.
Any one default the bond shall be cancelled forthwith and the sureties be made to account.
Such mention to commence on 21st October 2015.
5. It is so ordered.
Dated, signed and delivered in open court at Kisii this 2nd day of October 2015
HON. C. B. NAGILLAH
JUDGE
In the presence of:
….…….…………for State
.…….…….......….for Accused
…….………....….court clerk