[2014] KEHC 360 (KLR)
The court held that, in the absence of any compelling reasons advanced by the state to deny bail, and in line with Article 49(1)(h) of the Constitution, the accused persons are entitled to bond pending trial. The court noted that it had not received pre-bail assessment reports for the accused but, since the...
Source-derived case information.
- Citation
- [2014] KEHC 360 (KLR)
- Parties
- Respondent: Republic; Applicant: Dennis Aruba Onyeri; Applicant: Charles Ondiba; Applicant: Benard Oyugi; Applicant: Bonface Nyaberi
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 109 of 2012
- Procedural Posture
- Criminal Case / Ruling on Oral Bond Application
- Outcome
- application for bond granted
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Personal Bond, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Dennis Aruba Onyeri
Applicant
Charles Ondiba
Applicant
Benard Oyugi
Applicant
Bonface Nyaberi
Applicant
Procedural Posture
Criminal Case / Ruling on Oral Bond Application
Legal Issues
- 1 Whether the accused persons are entitled to bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused persons bond.
Ratio Decidendi
The court held that, in the absence of any compelling reasons advanced by the state to deny bail, and in line with Article 49(1)(h) of the Constitution, the accused persons are entitled to bond pending trial. The court noted that it had not received pre-bail assessment reports for the accused but, since the prosecution did not object and no adverse information was presented, the accused should be released on bond with reasonable conditions. Each accused was therefore granted a personal bond of Kshs. 1,000,000 with two sureties of similar amount, subject to approval by the Deputy Registrar. The court further imposed a condition that the accused must attend monthly mentions, with failure...
Court Disposition
application for bond granted
Orders
- Each accused is released on personal bond of Kshs. 1,000,000 with two sureties of similar amount to be approved by the Deputy Registrar.
- Upon release, each accused must attend monthly mentions without failure; default will result in cancellation of bond and sureties being called to account.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 109 OF 2012
REPUBLIC…………………………….………………..………PROSECUTOR
VERSUS
DENNIS ARUBA ONYERI…………….………………………..1ST ACCUSED
CHARLES ONDIBA…………………….……...………………..2ND ACCUSED
BENARD OYUGI…………………………….………………..…3RD ACCUSED
BONFACE NYABERI……………………………………………..4TH ACCUSED
RULING
This an oral application for bond by the accused persons, Dennis Aruba Onyeriand Charles Ondiba and Benard Oyugiand Bonface Nyaberi. The said accused persons were charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on the night of 8/9 August, 2012 at Sasera village, Sobera Sublocation of the South Masaba District within Kisii County jointly murdered Bernard Nyarimbasi. They all deny the charge. They then ask for bond to be released on the same pending the hearing and determination of their case.
The provision of article 49(1)(h) of the Constitution allows for the accused persons to apply for bail pending the hearing and determination of their case, the provision indicates that the court must set reasonable conditions on terms in giving bond.
It is incumbent upon the state, if any, to show cause that there are compelling reasons to deny the applicants bond. In the instance case, the state stated that there are no compelling reasons to deny the applicants bond.
The court is not seized of the pre-bail assessment report, either on each of the four accused persons.
Accordingly, the court will release the four (4) accused on following terms:-
Dennis Aruba Onyeri
Charles Ondiba
Benard Oyugi
Bonface Nyaberi
Each of the above is released on personal bond of Kshs. 1,000,000 with two sureties each of similar amount to be approved by the Deputy Registrar of this court.
Upon the release of each accused, they must attend monthly mentions without failure, and default, the bond will be cancelled forthwith and the sureties will be made to account for the default. Such first mention to be on the 11th January, 2015.
It is so ordered.
Ruling dated and delivered at KISII this 15th day of December, 2014
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Bigogo holding brief for Kaburi & Nyariki for the applicant
Majale for the state for the respondent
Edwin Mongare Court Clerk.