[2016] KEHC 6044 (KLR)
The court found that the accused is entitled to bond as a constitutional right under Article 49(1)(h) of the Constitution, and since the prosecution did not oppose the application and no compelling reasons were presented to deny bond, the accused should be released on bond. The court therefore allowed the...
Source-derived case information.
- Citation
- [2016] KEHC 6044 (KLR)
- Parties
- Applicant: Republic; Respondent: Dickson Gekonge
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2016
- Procedural Posture
- Criminal Murder / Ruling on Bond Application Pending Trial
- Outcome
- Bond application allowed; accused to be released on personal bond with surety.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dickson Gekonge
Respondent
Procedural Posture
Criminal Murder / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bond pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are any compelling reasons to deny the accused bond.
Ratio Decidendi
The court found that the accused is entitled to bond as a constitutional right under Article 49(1)(h) of the Constitution, and since the prosecution did not oppose the application and no compelling reasons were presented to deny bond, the accused should be released on bond. The court therefore allowed the application and set the terms of release, emphasizing the accused's obligation to attend court as required and the consequences of default.
Court Disposition
Bond application allowed; accused to be released on personal bond with surety.
Orders
- The accused may be released on his own personal bond of Kshs. 500,000 with one surety of a similar amount.
- The accused shall attend court whenever required.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL MURDER NO. 08 OF 2016
REPUBLIC……………………………….…….PROSECUTOR
VERSUS
DICKSON GEKONGE……………………..….…… ACCUSED
RULING
1. The accused person herein DICKSON GEKONGE is charged with the offence of murder contrary to Section 203 as read with section 204 of the Penal Code.
2. The particulars of the offence are that on the night of 4th and 5th March, 2016 at Amabuko Sub-location in Masaba South Sub-County within Kisii County jointly with others not before the court murdered HENRY MAKORI NYANCHAMA.
3. On 14th March, 2016, the accused pleaded not guilty to the said charge and is now awaiting his trial. The accused, through his advocate Mr. Bigogo, applied to be released on bond pending his trial, pursuant to the provisions of Article 49 (1) (h) of the Constitution.
4. The Prosecution did not oppose he accused’s application for bond. Consequently, I hereby allow the accused’s application for bond and order that he may be released on his own personal bond of Kshs. 500,000/= with one surety of a similar amount.
5. Upon his release, the accused shall be required to attend court without fail whenever he is required to do so.
6. In default of any one appearance without any justifiable cause the bond shall be cancelled and the surety called 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 Okemwa for the Accused
Omwoyo court clerk