[2015] KEHC 183 (KLR)
The court found that the accused, charged with murder, is entitled to bond as a constitutional right unless compelling reasons are shown to deny it. Since the state did not oppose the application and no compelling reasons were presented, the court allowed the accused's application for bond. The court set the terms...
Source-derived case information.
- Citation
- [2015] KEHC 183 (KLR)
- Parties
- Respondent: Republic; Applicant: Cosmas Mokaya Magori
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Application for bond allowed.
- Judges
- WA Okwany
- 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
Cosmas Mokaya Magori
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to release on bond pending trial.
- 2 Whether there are compelling reasons to deny the accused bond.
Ratio Decidendi
The court found that the accused, charged with murder, is entitled to bond as a constitutional right unless compelling reasons are shown to deny it. Since the state did not oppose the application and no compelling reasons were presented, the court allowed the accused's application for bond. The court set the terms of release, requiring the accused to execute a personal bond of Ksh.500,000 with one surety of a similar amount, subject to approval by the Deputy Registrar. The accused is required to attend court as directed, and failure to do so without justifiable cause will result in cancellation of the bond and the sureties being called to account.
Court Disposition
Application for bond allowed.
Orders
- The accused may be released upon executing his own personal bond of Ksh.500,000 with one surety of a similar amount.
- The sureties shall be approved by the Deputy Registrar of this court.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. NO.49 OF 2015
REPUBLIC…………………………………...……………………PROSECUTOR
VERSUS
COSMAS MOKAYA MAGORI……………………………………….ACCUSED
RULING
The accused person herein COSMAS MOKAYA MAGORI is charged with one count ofmurder contrary to Section 203as read withSection 204 of the Penal Code.
The particulars of the charge are that on 29th August 2015 at Sosera Sub-location in Masaba South Sub-county within Kisii county murdered EUNICE AYUMA MOKAYA. The accused pleaded not guilty to the charge and applied to be released on bond pending his trial. The state did not oppose the accused’s application for release on bond.
The pre-bail report was called for but not filed by the time this ruling was being prepared.
I note that the application for bond is not opposed by the state and indeed it is the constitutional right of every accused person to be released on bond pending trial except where there is compelling reasons to deny him bond.
5. Accordingly, I allow the accused’s application for bond on the following terms:-
The accused may be released upon executing his own personal bond of Ksh.500,000/= with 1 surety of a similar amount.
The sureties shall be approved by the Deputy Registrar of this court.
Upon his release, he shall attend court whenever required to do so until the hearing and determination of his case or until further orders of this court.
In the event of default of No. (c) above without any justifiable cause, the bond shall be cancelled forthwith and the sureties called to account.
The first mention shall be on 20th January, 2016.
Dated, signed and delivered in open court this 11th day of December, 2015
HON. W. OKWANY
JUDGE
In the presence of:
Imbali for the State
Moseti for Kaburi for the Accused
Ogega: court clerk