[2021] KEHC 7283 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bond or bail. The constitutional right to bail under Article 49(1)(h) of the Constitution of Kenya, 2010, applies unless the prosecution demonstrates compelling reasons for refusal. As the State did not oppose the...
Source-derived case information.
- Citation
- [2021] KEHC 7283 (KLR)
- Parties
- Respondent: Republic; Applicant: Duncan Kioko John
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E006 of 2021
- Procedural Posture
- Criminal Application / Ruling on Bond Application
- Outcome
- application for bond allowed
- Judges
- GMA Dulu
- Legal Topics
- Bail and Bond, Murder Charge, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Duncan Kioko John
Applicant
Procedural Posture
Criminal Application / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bond or bail pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny the accused bond or bail.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bond or bail. The constitutional right to bail under Article 49(1)(h) of the Constitution of Kenya, 2010, applies unless the prosecution demonstrates compelling reasons for refusal. As the State did not oppose the application and no such reasons were advanced, the accused was entitled to be released on bond or bail on reasonable terms. The court therefore allowed the application, setting the terms for release and imposing conditions to ensure attendance and non-interference with witnesses.
Court Disposition
application for bond allowed
Orders
- The accused will be released on signing his own bond of Kshs.200,000 with one surety of similar amount.
- Alternatively, the accused will be released on paying cash bail of Kshs.100,000.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCRC NO.E006 OF 2021
REPUBLIC.....................PROSECUTION
-VERSUS-
DUNCAN KIOKO JOHN.......ACCUSED
RULING ON BOND
1. The accused herein who stands charged with murder contrary to section 203 as read with section 204 of the Penal Code (Cap 63) has orally applied for bond/bail through Counsel Ms. Kemunto.
2. The State, through Ms. Gakumu the Senior Prosecuting Counsel has informed the court that the Director of Public Prosecutions for the State had not received any grounds for opposing bail.
3. I have considered the request for bond/bail and the response of the State.
4. Under Article 49(1) (h) of the Constitution of Kenya 2010, every arrested person has a right to be released on bond or bail on reasonable terms unless there are compelling reasons for refusal of grant of the same. It provides as follows –
49(1) An arrested person has the right –
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
5. Having considered the application for bail and the response of the Director of Public Prosecutions, I find no reasons to deny the accused person bond or bail. I thus allow the application and order as follows:-
1. The accused will be released on signing his own bond of Kshs.200,000/= with one surety of similar amount.
2. Alternatively, he will be released on paying cash bail of Kshs.100,000/=.
3. He will not interfere with Prosecution witnesses.
4. He will attend every mention of the case and the hearing until the case is finally determined.
DATED SIGNED & DELIVERED, THIS 5TH DAY OF MAY 2021, IN OPEN COURT AT MAKUENI
……………………………….
GEORGE DULU
JUDGE