[2015] KEHC 6853 (KLR)
The court found that the 1st accused is a minor and, under the Children Act, must be tried within six months or released on bond if the trial cannot be concluded within that period. Given the likelihood that the matter would not be concluded within the statutory period, the court ordered the release of the 1st...
Source-derived case information.
- Citation
- [2015] KEHC 6853 (KLR)
- Parties
- Applicant: Republic; Defendant: Dennis Aswera; Defendant: Amos Bichanga; Defendant: Ben Bichanga Omwancha
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2014
- Procedural Posture
- Criminal Case / Interlocutory (bond Application and Pre Trial Directions)
- Outcome
- 1st accused released on bond with conditions; matter fixed for mention for all accused.
- Judges
- J Wakiaga
- Legal Topics
- Bail and Bond, Pretrial Release, Juvenile Justice, Children Act Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dennis Aswera
Defendant
Amos Bichanga
Defendant
Ben Bichanga Omwancha
Defendant
Procedural Posture
Criminal Case / Interlocutory (bond Application and Pre Trial Directions)
Legal Issues
- 1 Whether the accused persons should be released on bond pending trial.
- 2 Whether the 1st accused, being a minor, is entitled to special consideration under the Children Act regarding pretrial detention.
Ratio Decidendi
The court found that the 1st accused is a minor and, under the Children Act, must be tried within six months or released on bond if the trial cannot be concluded within that period. Given the likelihood that the matter would not be concluded within the statutory period, the court ordered the release of the 1st accused on bond with two sureties. The court also imposed conditions to ensure the minor's welfare, including mandatory school enrollment and regular court mentions, thereby balancing the interests of justice, statutory requirements, and the rights of the child.
Court Disposition
1st accused released on bond with conditions; matter fixed for mention for all accused.
Orders
- The 1st accused is released on bond of Kshs.200,000 with two sureties of similar amount.
- The 1st accused shall appear for mention before the Deputy Registrar once every 30 days after 18/2/2015.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.31 OF 2014
REPUBLIC …................................................................................................. PROSECUTOR
VERSUS
DENNIS ASWERA )
AMOS BICHANGA ) ….................................................................... ACCUSED
BEN BICHANGA OMWANCHA)
21/1/2015
Before J. Wakiaga, J.
Bibu – cc
Mr. Okenye for the Accused Persons
Mr. Majale for the State
1st Accused present
2nd Accused present
3rd Accused present
All Accused present
COURT
This matter is taken out and fixed for 18/2/2015 for notice to show cause why the accused persons should not be released on bond. The State to file their affidavits if any before the said date and the probation officer in charge of Ogembo to prepare and file pre-bail report in respect of the 1st accused D A, 2nd accused AMOS BICHANGA and 3rd accused BEN BICHANGA OMWANCHA. The accused persons to be produced in court on the said date.
Taking into account the fact that the 1st accused is a minor offender and the Children Act requires that he be tried within the six months if not the same be released on bond. In conformity with the said statute and taking into account the fact that the matter might not be concluded as is required by the Law, I hereby order that the 1st accused be released on bond of Kshs.200,000/= with two sureties of similar amount.
The 1st accused shall during the period of his trial appear for mention before the D/R of this court once after every 30 days after 18/2/2015 at a date to be set by the said D/R.
The 1st accused should be enrolled in school immediately upon his release on bond and the evidence of the said enrollment produced to court on 18/2/2015 when the matter is scheduled for mention.
J. WAKIAGA
JUDGE
21/1/2015