[2016] KEHC 6572 (KLR)
The court held that the right to bond pending trial is constitutionally guaranteed and can only be denied if compelling reasons are shown. In this case, the prosecution did not present any compelling or other reasons to justify denial of bond. Therefore, the accused is entitled to be released on bond, subject to the...
Source-derived case information.
- Citation
- [2016] KEHC 6572 (KLR)
- Parties
- Respondent: Republic; Applicant: Dinnah Nyaboke Elijah
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Application for bond allowed.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Dinnah Nyaboke Elijah
Applicant
Procedural Posture
Criminal Case / 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 exist compelling reasons to deny the accused bond.
Ratio Decidendi
The court held that the right to bond pending trial is constitutionally guaranteed and can only be denied if compelling reasons are shown. In this case, the prosecution did not present any compelling or other reasons to justify denial of bond. Therefore, the accused is entitled to be released on bond, subject to the terms set by the court.
Court Disposition
Application for bond allowed.
Orders
- The accused shall be released on bond upon executing her own personal bond of Kshs.500,000 with two sureties of a similar amount.
- The proposed sureties shall be approved by the Deputy Registrar of the court.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.21 OF 2014
REPUBLIC - - - PROSECUTOR
VERSUS
DINNAH NYABOKE ELIJAH - ACCUSED
RULING
The accused person herein DINNAH NYABOKE ELIJAH is charged with one count of murder contrary to Section 203 as read with Section 204 of the Penal Code.
The particulars of the charge are that on 2nd February 2014 at Bonyansiaga village, Etora Sub-location, Itibo Location in Sameta District within Kisii County murdered ERICK ELIJAH.
The accused pleaded not guilty to the charge as is awaiting her trial. She now seeks to be released on bond pending her trial pursuant to Article 49 (I) (h) of the Constitution.
The right of an accused person to bond pending the hearing of his case is guaranteed by the Constitution and can only be denied when there exists, compelling reasons to do so.
In the instant case, no reasons, compelling or otherwise, have been presented before the court to warrant denying the accused’s prayer for bond.
Accordingly, I allow the application for bond in the following terms:
The accused shall be released on bond upon executing her own personal bond of Kshs.500,000/= with 2 sureties of a similar amount.
The proposed sureties shall be approved by the Deputy Registrar of this court.
The accused shall attend court for mention of her case once every thirty (30) days until the case is heard and determined or until further orders of this Honourable Court.
Should the accused default in any one mention without justifiable cause then the bond shall stand cancelled and the sureties called to account.
Hearing on 16th March 2016.
Dated, signed and delivered in open court this 20th day of January,2016
HON. W. OKWANY
JUDGE
In the presence of:
Otieno for the State
Nyagwencha for Accused
Omwoyo: Court clerk.