[2016] KEHC 2090 (KLR)
The court found that there were no compelling reasons presented by the prosecution or the investigating officer to justify denial of bond to the 2nd accused. The only opposition came from the deceased's family, which, while understandable, did not amount to a compelling reason under the law. The accused's local...
Source-derived case information.
- Citation
- [2016] KEHC 2090 (KLR)
- Parties
- Applicant: Republic; Respondent: Onesmus Kamanja
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 90 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- application for bond granted
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Constitutional Rights, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Onesmus Kamanja
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the 2nd accused is entitled to bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the 2nd accused bond under the Constitution.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution or the investigating officer to justify denial of bond to the 2nd accused. The only opposition came from the deceased's family, which, while understandable, did not amount to a compelling reason under the law. The accused's local ties, lack of criminal history, and positive pre-bail report further supported the grant of bond. The court emphasized the constitutional right to bail and the absence of evidence suggesting the accused was a flight risk or posed a danger to the community. Accordingly, the court granted the application for bond on specified terms.
Court Disposition
application for bond granted
Orders
- The 2nd accused may be released on bond of KShs.200,000 plus one surety of like sum or cash bail of KShs.50,000.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 90 OF 2015
REPUBLIC............................................................. PROSECUTOR
VERSUS
CYPRIAN MUINDI ............................................... 1ST ACCUSED
ONESMUS KAMANJA .......................................... 2ND ACCUSED
RULING
The Notice of Motion dated 26/7/2016 is filed by Ms. Thibaru on behalf of the 2nd accused, Onesmus Kamanja who is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The accused 2 seeks to be released on bond pending the hearing of his case. The application is based on grounds found in the body of the application and his own affidavit. The grounds are that he is ready to abide by any conditions that the court may impose; that he has been advised that the case may take too long before it is heard; that he is not a flight risk since he was born and raised in Igembe North Constituency of Meru County where he resides with his parents.
The State did not oppose the application for bond. The investigations officer wrote a letter to the court indicating that there are no compelling reasons to deny accused 2 bond.
The court called for a pre-bail report which has been filed. I have considered it. Save for the deceased’s family members who are opposed to accused’s release on bond, the community and administration are not. The acused 2 is said to be 19 years old, a form 2 student though no evidence to that effect was availed. He is also said to have been of good behavior before this incident and had not been involved in any criminal conduct.
The murder was committed in November, 2015. The objection by the deceased’s family is understandable because of their painful loss. However, there being no compelling reasons to deny accused bond, the court should not deny him his Constitutional right. Accordingly, I grant accused 2 bond as prayed. He may be released on bond of KShs.200,000/= plus one surety of like sumor cash bail of KShs.50,000/=.
DATED, SIGNED AND DELIVERED THIS 5TH DAY OF OCTOBER, 2016.
R.P.V. WENDOH
JUDGE
5/10/2016
PRESENT
Mr. Mulochi for State
Ms. Thibaru for Accused 2
Ibrahim/Peninah, Court Assistants
Present, Accused