[2012] KEHC 31 (KLR)
The court found that the accused, charged with murder, is entitled to bail under Article 49 of the Constitution unless the prosecution demonstrates compelling reasons to deny it. In this case, the State did not oppose the application and confirmed that there were no compelling reasons to deny bail. The court,...
Source-derived case information.
- Citation
- [2012] KEHC 31 (KLR)
- Parties
- Respondent: Republic; Applicant: Colleta Kwamboka Isena
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Murder Case 31 of 2012
- Procedural Posture
- Murder Case / Ruling on Bail Application Pending Trial
- Outcome
- application for bail allowed
- 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
Colleta Kwamboka Isena
Applicant
Procedural Posture
Murder Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49 of the Constitution.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the accused, charged with murder, is entitled to bail under Article 49 of the Constitution unless the prosecution demonstrates compelling reasons to deny it. In this case, the State did not oppose the application and confirmed that there were no compelling reasons to deny bail. The court, therefore, allowed the application and set terms for the accused's release on bond, including the amount, sureties, and conditions for periodic mention and consequences for non-appearance.
Court Disposition
application for bail allowed
Orders
- The accused may be released on her own bond of Kshs.3,000,000 plus 2 sureties of a like amount.
- The 2 sureties shall be approved by the Deputy Registrar of the court.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
High Court of Kisii
Murder Case 31 of 2012
REPUBLIC …....……………………….......…………………. PROSECUTOR
VERSUS
COLLETA KWAMBOKA ISENA ………………….........................….. ACCUSED/APPLICANT
7/2/2013
Before R.N. Sitati, J
Bibu – cc
Mr. Imbali hb for Mr. Mutuku (present) for State
Mr. Nyagaka (present) for Accused
RULING
1. The accused herein is charged with murder contrary to section 203 as read with section 204 of the Penal Code. She is alleged to have committed the offence on the 8th February 2012 at Omobiri village in Masaba South District of Kisii County. She is alleged to have murdered Duncan Osoro Isena. She has pleaded not guilty.
2. She now prays to be released on bond pending hearing and determination of her trial. She makes the application under the provisions of Article 49 (1)and (2)of the Constitution of Kenya 2010. The application is supported by the grounds on the face of the application and in the supporting affidavit sworn on 30th November 2012.
3. The application is not opposed. Counsel for the state says they do not
HCCRC KISII (MURDER) CASE NO.31 OF 2012
NO.715
have any compelling reasons to place before this court that would deny the accused her right to be released on bond pending trial.
4. Taking all the above submissions into account and considering the constitutional provisions cited, I allow the Notice of Motion dated 30/11/2012 on the following terms:-
1)The accused may be released on her own bond of Kshs.3,000,000/= (Three Million) plus 2 sureties of a like amount.
2)The 2 sureties shall be approved by the Deputy Registrar of this Honourable Court.
3)During the pendency of this case, or until further orders of this court, the accused shall appear for mention of her case every 30 days the first such mention shall be on 07/03/2013.
4)In default of any one appearance for no good cause, the bond shall stand cancelled.
5. It is so ordered.
RUTH NEKOYE SITATI
JUDGE.
07/02/2012
HCCRC KISII (MURDER) CASE NO.31 OF 2012
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