[2016] KEHC 4843 (KLR)
The court found that the accused had a constitutional right to bond under Article 49(1)(h) of the Constitution. The accused had been in custody for six years and had repeatedly complained of ill health, which the court had previously addressed by ordering medical treatment. The prosecution did not oppose the bond...
Source-derived case information.
- Citation
- [2016] KEHC 4843 (KLR)
- Parties
- Respondent: Republic; Applicant: Christopher Kimaiyo Matum
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 106 of 2010
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond granted to the accused on specified terms.
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Christopher Kimaiyo Matum
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bond pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether the accused's ill health and prolonged pretrial detention justify release on bond.
Ratio Decidendi
The court found that the accused had a constitutional right to bond under Article 49(1)(h) of the Constitution. The accused had been in custody for six years and had repeatedly complained of ill health, which the court had previously addressed by ordering medical treatment. The prosecution did not oppose the bond application. In the absence of any compelling reasons to deny bond, and considering the accused's health and prolonged detention, the court exercised its discretion to grant bond on reasonable terms.
Court Disposition
Bond granted to the accused on specified terms.
Orders
- The accused may be released upon executing his own personal bond of Kshs. 500,000 with two sureties of a similar amount.
- Upon release, 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
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO.106 OF 2010
REPUBLIC...............................................................PROSECUTOR
VERSUS
CHRISTOPHER KIMAIYO MATUM...............................ACCUSED
RULING
1. The accused person herein, CHRISTOPHER KIMAIYO MATUM 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 11th November 2010, at IIdorisho village in Transmara West District within Rift Valley Province, he murdered NDIWA MATUM.
2. The accused pleaded “not guilty” to the charge on 25th November 2010 and has been in custody since then as he awaits his trial in which so far only 2 witnesses have testified.
3. I have perused the court the court file and noted that the accused has on several occasions complained of ill health and the court has on numerous dates granted orders that he be taken to Kisii Level 6 hospital for treatment.
4. On 9th May 2016, the accused still complained of ill health and claimed that his leg was paralyzed whereupon he pleaded with the court to grant him bond in view of his failing health and the fact that he had been in custody for the last 6 years.
5. The right of every accused Epson to bond is now provided for in the Constitution under Article 49 (1) (h).
6. The prosecution does not object to the accused being released on bond.
7. I therefore allow the accused’s application for bond on the following terms:
a.The accused may be released upon executing his own personal bond of Kshs. 500,000/= with 2 sureties of a similar amount.
b.Once he is released on bond, he shall appear in court whenever he is required to do so by the Honourable Court until the case is heard and determined or until further orders of this Honourable Court.
c.In default of (2) above, the bond shall be cancelled immediately and the sureties taken to account.
Dated, signed and delivered in open court this 12th day of May, 2016
HON. W. A.OKWANY
JUDGE
In the presence of:
Otieno for the State
Kaburi & Soire for the Accused
Omwoyo court clerk