[2015] KEHC 4459 (KLR)
The court found that there were no compelling reasons presented by the State to deny the accused persons their constitutional right to bail. The court also recognized that the second accused is a minor and, therefore, entitled to additional protections under Article 53 of the Constitution and the Children Act....
Source-derived case information.
- Citation
- [2015] KEHC 4459 (KLR)
- Parties
- Applicant: Republic; Defendant: Dennis Ogeto Ochwangi; Defendant: I N N
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case Case125 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Accused persons granted bond pending trial.
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Children in Conflict With Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dennis Ogeto Ochwangi
Defendant
I N N
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny bail to the accused persons.
- 3 Whether special considerations apply to the minor accused under Article 53 of the Constitution and the Children Act.
Ratio Decidendi
The court found that there were no compelling reasons presented by the State to deny the accused persons their constitutional right to bail. The court also recognized that the second accused is a minor and, therefore, entitled to additional protections under Article 53 of the Constitution and the Children Act. Consequently, both accused persons were granted bond, with the minor subject to conditions ensuring his continued education and welfare.
Court Disposition
Accused persons granted bond pending trial.
Orders
- 1st accused to be released on bond of Kshs.500,000 with one surety of similar amount.
- 1st accused to attend mention before the Deputy Registrar once every 30 days at dates set by the D/R.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.125 OF 2013
REPUBLIC …....................................................... PROSECUTOR
VERSUS
DENNIS OGETO OCHWANGI )
I N N) …....................................................................... ACCUSED
RULING
1. The accused persons DENNIS OGETO OCHWANGI and I N N were charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code the particulars of which were that on 16th day of November 2013 at Kijauri market in Borabu District within Nyamira County murdered MERCY MORAA.
2. They both pleaded not guilty to the charges and in the exercise of their constitutional rights under Article 49(1) (h) sought to be released on bond pending the hearing of this case.
3. The State through Miss Boyon offered no compelling reasons to deny the accused their constitutional rights to bond but submitted that the court may consider the pre-bail report filed in determining the application which submissions were supported by Mr. Soire for the accused persons.
4. It must be noted that the 2nd accused person is a minor and therefore the provisions of Article 53 of the Constitution and Children Act Cap 151 are applicable to the same.
5. There being no any compelling reasons to deny the accused persons bond I hereby order that the accused persons be released on bond upon the following terms:-
1st Accused
a) Bond of Kshs.500,000/= with one surety of similar amount.
b) The accused to attend mention before the D/R of this court once after every 30 days at dates to be set by the said D/R.
c) The 1st accused shall not leave the jurisdiction of this court without the written consent of D/R.
2nd Accused
a) Being a minor, the second accused shall be released on bond of Kshs.500,000/=.
b) Upon release from custody, the 2nd accused shall immediately be enrolled in school by his parents.
c) He shall attend mention before the D/R of this court once after every 30 days at dates to be fixed by the D/R.
Delivered, dated and signed in open court this 28th day of May 2015
J. WAKIAGA
JUDGE.
In the presence of:-
Miss Boyon for State
Mr. Sagwe for Accused Persons