[2015] KEHC 4171 (KLR)
The court found that the accused, charged with murder, is constitutionally entitled to bond unless compelling reasons are shown to deny it. In this case, the State did not oppose the application and did not present any compelling reasons. Therefore, the court exercised its discretion to grant the accused a personal...
Source-derived case information.
- Citation
- [2015] KEHC 4171 (KLR)
- Parties
- Applicant: Elizabeth Nyanchama Ombuya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2012
- Procedural Posture
- Criminal Case / Application for Bond Pending Trial
- Outcome
- Bond granted to the accused with conditions.
- 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
Elizabeth Nyanchama Ombuya
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Application for Bond Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the accused bond under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the accused, charged with murder, is constitutionally entitled to bond unless compelling reasons are shown to deny it. In this case, the State did not oppose the application and did not present any compelling reasons. Therefore, the court exercised its discretion to grant the accused a personal bond of KES 100,000 with two sureties of the same amount, subject to approval by the Deputy Registrar. The accused is required to report monthly for mention of her case until its conclusion or further orders, with the first mention scheduled for 13th April, 2015. The court further ordered that any default would result in immediate cancellation of the bond terms and the sureties...
Court Disposition
Bond granted to the accused with conditions.
Orders
- The accused is granted a personal bond of KES 100,000 with two sureties of the same amount, to be approved by the Deputy Registrar.
- The accused shall report monthly for mention of her case until conclusion or further orders, with the first mention on 13th April, 2015.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO. 26 OF 2012
REPUBLIC..........................................PROSECUTOR
VERSUS
ELIZABETH NYANCHAMA OMBUYA......RESPONDENT
RULING
1. This is an application for bond. The accused person is charged with murder, contrary to section 203 as read with 204 of the Penal Code. It is alleged that on 13th day of February, 2012 at Ibucha Sublocation in Nyamira District within Nyamira County, he murdered KEPHA ONYANCHA OMBUYA. He denies the offence. She asks for bond pending the hearing and determination of her case.
2. Article 49(1)(h) gives the accused person a right- a constitutional right to bond/bail. This right is not however, absolute. It is not give able if there are compelling reasons to deny it to the accused. In this instant case, the state did not oppose the application for bond.
3. The bond accordingly, gives the accused person a personal bond of kshs. 1,00,000 with two sureties of the same amount, the same to be approved by the Deputy Registrar of this court.
4. Upon his release he is expected to report monthly for mention of his case until the conclusion of the same or further orders. The first such mention will be on 13th April, 2015.
5. Any one default, the bond terms be cancelled forthwith and the sureties made to account.
6. It is so ordered.
Dated and delivered at KISII this 13th day of March, 2015.
C.B. NAGILLAH,
JUDGE.
In the presence of:
Nyawencha holding brief for Sagwe for the applicant.
Muindi for the respondent
Edwin Mongare Court Clerk.