[2014] KEHC 314 (KLR)
The court held that bond is a constitutional right under Article 49(1)(h) of the Constitution unless compelling reasons are shown to deny it. The prosecution did not object to the bond application nor file an affidavit with reasons to oppose release. The court considered pre-bail assessment reports for each accused....
Source-derived case information.
- Citation
- [2014] KEHC 314 (KLR)
- Parties
- Applicant: Republic; Defendant: Enock Nyabuto; Defendant: John Ochwari Obae; Defendant: Richard Ombiro Resi; Defendant: Alloys Ogeo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2014
- Procedural Posture
- Criminal Case / Ruling on Oral Bond Application
- Outcome
- Bond granted to Alloys Ogeo; bond denied to Richard Ombiro Resi.
- Legal Topics
- Murder Charge, Bail and Bond, Pre Bail Assessment, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Enock Nyabuto
Defendant
John Ochwari Obae
Defendant
Richard Ombiro Resi
Defendant
Alloys Ogeo
Defendant
Procedural Posture
Criminal Case / Ruling on Oral Bond Application
Legal Issues
- 1 Whether the accused persons should be granted bond pending trial.
- 2 Whether there are compelling reasons to deny bond to any of the accused persons.
Ratio Decidendi
The court held that bond is a constitutional right under Article 49(1)(h) of the Constitution unless compelling reasons are shown to deny it. The prosecution did not object to the bond application nor file an affidavit with reasons to oppose release. The court considered pre-bail assessment reports for each accused. For Alloys Ogeo, the report indicated he is not associated with lawlessness, his relatives are willing to accept him, and he promises to obey bond terms; thus, he was granted bond. For Richard Ombiro Resi, the report indicated he may not be accepted in his community and has a bad history, raising doubts about his likelihood to honor bond terms; thus, his application was...
Court Disposition
Bond granted to Alloys Ogeo; bond denied to Richard Ombiro Resi.
Orders
- Alloys Ogeo to be released on a personal bond of Kshs. 500,000 with one surety of similar amount.
- Richard Ombiro Resi's application for bond is denied.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 23 OF 2014
REPUBLIC………………………..........…………………………………………………PROSECUTOR
VERSUS
ENOCK NYABUTO…………………..………………………………………………….1ST ACCUSED
JOHN OCHWARI OBAE………...……………………....…..…………………………..2ND ACCUSED
RICHARD OMBIRO RESI…..………………….......………….…………………………3RD ACCUSED
ALLOYS OGEO…………...………………..……………………………………………4TH ACCUSED
RULING
This an oral application for bond. The accused persons are charged with murder contrary to section 203 as read with section 204 of the penal code. It is alleged that on diverse dates of between 18th and 19th January, 2014 at Gesabakwa village, Onywere sub-location in Marani district within Kisii County, jointly murdered Asuma Menge. They deny the charge. And they would want to be released on bond pending the hearing and determination of their case.
Bond/bail is a constitutional right under article 49(1)(h) of the Constitution unless there are compelling reasons to deny that right.
The state/prosecution must file an affidavit if they think the accused should not be released on bond. The state has not filed a response to that application. No objection was raised when the application was being made.
However, in the court file, there are two pre-bail assessment report on the accused persons. a) Alloys Ogao Edwin, aged 18, is an orphan and the deceased’s relatives are not ready to receive him. However, the accused person’s relatives are willing to accept him back home and equally ready with a land title deed as surety for his release. The local administration say the accused is not associated with any form of lawlessness. The accused himself in this case agrees and promises to obey the bond terms as ordered by the court.
Accordingly, I allow the application and order that the accused be released on a personal bond of Kshs. 500,000 with one surety of similar amount.
b). The second accused, Richard Ombiro Resi, is 30 years old. The assessment report reveals that this accused, may not easily be accepted in his community. He has bad history. It is doubtful whether he may honour the bond terms.
Accordingly, his application is hereby denied.
It is so ordered.
Dated and delivered at KISII this 20th day of November, 2014.
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Ondari holding brief for Sagwe for the applicant.
Mbelete for state for the respondent
Edwin Mongare Court Clerk.