[2016] KEHC 7442 (KLR)
The court held that bond is a constitutional right and can only be denied if the state provides compelling reasons. In this case, the state failed to provide any such reasons. The pre-bail report recommended release on favourable terms, and there was no evidence that the accused would interfere with witnesses, as...
Source-derived case information.
- Citation
- [2016] KEHC 7442 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Wafula Olongi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 82 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Accused granted bond with conditions.
- Judges
- J Wakiaga
- Legal Topics
- Bail and Bond, Right to Fair Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Daniel Wafula Olongi
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail as a constitutional right.
- 2 Whether there are compelling reasons to deny the accused bail.
- 3 Whether the accused's release would interfere with witnesses or the course of justice.
Ratio Decidendi
The court held that bond is a constitutional right and can only be denied if the state provides compelling reasons. In this case, the state failed to provide any such reasons. The pre-bail report recommended release on favourable terms, and there was no evidence that the accused would interfere with witnesses, as the victim's family could not be traced. The court also considered the lengthy period the accused had already spent in custody without trial. Accordingly, the accused was granted bond with specific terms to ensure his attendance at trial and compliance with reporting requirements.
Court Disposition
Accused granted bond with conditions.
Orders
- The accused shall be released on bond of Kshs.500,000 with one surety of similar amount.
- In the alternative, the accused may be released on cash bail of Kshs.100,000.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CRIMINAL DIVISION
CRIMINAL CASE NO. 82 OF 2012
REPUBLIC ……………………………………………………………PROSECUTOR
VERSUS
DANIEL WAFULA OLONGI ………………………………………………..ACCUSED
RULING
The accused person has been in custody from 4/10/2012 when he first appeared before this court. The matter has not proceeded for hearing for one reason or another.
Bond is now a Constitutional Right of an accused person and can only be denied if there are compelling reasons which compelling reasons must be provided for by the state.
In this matter the state has not offered any compelling reason to deny the accused person his Constitutional right to bond. Further one of the Constitutional rights of any accused person is the right to fair trial which includes the right to be tried within the shortest period of time available.
I have looked at the pre-bail report ordered by this court in which it is recommended that the accused be released on favourable bond terms. The probation officers were unable to trace the family of the victim and therefore the possibility of the accused person interfering with them is ruled out.
Having taken note of the period the accused has been in custody and the conduct of the prosecution witnesses during the said period of time, the accused person shall be released on the following terms:-
Bond of Kshs.500,000/- with one surety of similar amount.
In the alternative cash bail of Kshs.100,000/-
Upon his release the accused shall report to his local area chief immediately and shall thereafter report to the same on the last Thursday of each subsequent month until the final determination of this matter.
In addition to the reporting to the Area Chief the accused shall also report to the Deputy Registrar of this court after every 90 days at a date to be determined by the Deputy Registrar while approving bail terms.
DATED, SIGNED and DELIVERED at Nairobi this 22nd day of February, 2016
…………………………………
J. WAKIAGA
JUDGE
In the presence of:-
Mrs. Ndomu for Mr. Mwenda for the state
Miss Mumbi for Mr. Kengwe for the accused
Accused present
Tabitha court clerk