[2016] KEHC 5820 (KLR)
The court found that bond is a constitutional right under Article 49(1)(h) of the Constitution of Kenya. Since the prosecution did not provide any compelling reasons or file a replying affidavit to oppose the bond application, there was no justification to deny the accused her right to bond. The accused, being a...
Source-derived case information.
- Citation
- [2016] KEHC 5820 (KLR)
- Parties
- Respondent: Republic; Applicant: CMO
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Application for bond allowed.
- Judges
- WA Okwany
- Legal Topics
- Bail and Bond, Juvenile Offenders, Murder Charges
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
CMO
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused, a minor charged with murder, is entitled to bond pending trial.
- 2 Whether there are any compelling reasons to deny the accused bond.
Ratio Decidendi
The court found that bond is a constitutional right under Article 49(1)(h) of the Constitution of Kenya. Since the prosecution did not provide any compelling reasons or file a replying affidavit to oppose the bond application, there was no justification to deny the accused her right to bond. The accused, being a minor charged with murder, is therefore entitled to be released on bond pending trial, subject to the terms set by the court.
Court Disposition
Application for bond allowed.
Orders
- The accused may be released upon executing her own personal bond of Kshs. 500,000 with one surety 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. 09 OF 2016
REPUBLIC………………………..….………..PROSECUTOR
VERSUS
CMO…………………………………...........……….ACCUSED
RULING
1. The accused person herein CMO, reportedly a minor aged 17 years, is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. It is alleged that on 20th February, 2016, in Kisii Central District within Kisii County, with malice aforethought, she murdered MARK OBIERO.
3. The accused pleaded not guilty to the said charge and is currently awaiting her trial.
4. The advocate for the accused, Mr. Okenye has applied for her release on bond pending her trial.
5. The state has not furnished this court with any reasons why the accused should not be released on bond pending her trial despite having been granted an opportunity to file a replying affidavit to the said application for bond.
6. Bond is a constitutional right of every accused person as envisaged in the Constitution at Article 49 (1) (h).
7. Consequently, I allow the accused’s application for bond in the following terms:
a) The accused may be released upon executing her own personal bond of Kshs. 500,000/= with one surety of a similar amount.
b) 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.
c) In default of (2) above, the bond shall be cancelled immediately and the sureties taken to account.
d) Hearing on 26/4/2016.
Delivered, dated and signed in at Kisii on 31stday of March, 2016.
W.A. OKWANY
JUDGE
In the presence of:
Mr. Otieno for the State
Okenye for the Accused
Omwoyo court clerk