[2016] KEHC 6030 (KLR)
The court found that the prosecution did not present any compelling reasons to deny the accused persons bond as required by Article 49(1)(h) of the Constitution. In the absence of such reasons, the accused persons are entitled to be released on bond pending trial. The court therefore allowed the application for...
Source-derived case information.
- Citation
- [2016] KEHC 6030 (KLR)
- Parties
- Applicant: Republic; Defendant: Dennis Onderi Ogwagu; Defendant: Douglas Zedekiah Kenyanya
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Murder Case 55 of 2015
- Procedural Posture
- Criminal Murder / Ruling on Bond Application Pending Trial
- Outcome
- Application for bond allowed. Accused persons to be released on bond pending trial.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Compelling Reasons, Pre Trial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dennis Onderi Ogwagu
Defendant
Douglas Zedekiah Kenyanya
Defendant
Procedural Posture
Criminal Murder / Ruling on Bond Application Pending Trial
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 as required by Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the prosecution did not present any compelling reasons to deny the accused persons bond as required by Article 49(1)(h) of the Constitution. In the absence of such reasons, the accused persons are entitled to be released on bond pending trial. The court therefore allowed the application for bond, setting the terms for release and specifying the consequences of non-compliance with court orders.
Court Disposition
Application for bond allowed. Accused persons to be released on bond pending trial.
Orders
- Each accused person may be released upon executing a personal bond of Kshs. 500,000 with two sureties of a similar amount.
- Accused persons shall appear in court whenever required until the case is heard and determined or until further orders of the court.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL MURDER NO. 55 OF 2015
REPUBLIC.............................................................PROSECUTOR
VERSUS
1. DENNIS ONDERI OGWAGU.............................1ST ACCUSED
2. DOUGLAS ZEDEKIAH KENYANYA................2ND ACCUSED
RULING
1. The accused persons herein are jointly charged with the offence of murder contrary to Section 203 as read with section 204 of the Penal Code.
2. The particulars of the charge are that on diverse dates between 7th and 8th November 2015 at Karda area in Transmara West District within Narok County in the Republic of Kenya jointly with others not before the court murdered MERCY NASHIPAI NASINTO.
3. On the 19th January 2016, both the accused persons pleaded not guilty to the said offence of murder and are currently awaiting their trial.
4. Upon taking their plea, Mr. Sagwe for the accused persons applied for their release on bond pending their trial
Article 49 (I) (h) of the constitution provides that all arrested persons shall be released on bond unless there are compelling reasons for their not being granted bond.
5. In the instant case Mr. Otieno for the state, on 22nd March, 2016 intimated to the court that he had no compelling reasons as to why the accused persons cannot be released on bond.
6. Consequently, I hereby allow the accused persons’ application to be released on bond pending their trial on the following terms:-
a. Each accused person may be released upon executing his own personal bond of Kshs. 500,000/= with each providing 2 sureties of a similar amount.
b.Once they are released on bond, they shall appear in court whenever they are required to do so by the Honourable Court until the case is heard and determined or until further orders of this Honourable Court.
c.In default of (2) above, the bond shall be cancelled immediately and the sureties taken to account.
Delivered, dated and signed in at Kisii on 30th day of March, 2016.
W.A. OKWANY
JUDGE
In the presence of:
Mochama for the State
Moseti for Sagwe for the Accused
Omwoyo court clerk