[2016] KEHC 4822 (KLR)
The court held that since the prosecution did not oppose the application for bond and no compelling reasons were advanced to deny the accused persons their constitutional right to bail, the accused persons were entitled to be released on bond. The court further noted that the first accused had previously been...
Source-derived case information.
- Citation
- [2016] KEHC 4822 (KLR)
- Parties
- Applicant: Republic; Defendant: Erick Kiboi Ombati; Defendant: Edward Mauti Obiero; Defendant: Evans Oyondi Mauti
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Bond granted to all accused persons pending trial.
- Legal Topics
- Bail and Bond, Murder Charges, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Erick Kiboi Ombati
Defendant
Edward Mauti Obiero
Defendant
Evans Oyondi Mauti
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to be released on bond pending trial.
- 2 Whether there are compelling reasons to deny the accused persons bond.
Ratio Decidendi
The court held that since the prosecution did not oppose the application for bond and no compelling reasons were advanced to deny the accused persons their constitutional right to bail, the accused persons were entitled to be released on bond. The court further noted that the first accused had previously been granted bond in a related matter, and there was no evidence or submission before the court to justify a departure from the constitutional presumption in favour of bail. Accordingly, the court allowed the application and set the terms of bond for each accused person.
Court Disposition
Bond granted to all accused persons pending trial.
Orders
- Each accused person shall be released upon executing a personal bond of Kshs. 500,000 with two sureties of a similar amount.
- Each accused person must attend court whenever required until the determination of the case or further orders of the court.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.21 OF 2015
REPUBLIC …………………………………………….........…..PROSECUTOR
VERSUS
ERICK KIBOI OMBATI….…………………………………..…….1ST ACCUSED
EDWARD MAUTI OBIERO………………………………………2ND ACCUSED
EVANS OYONDI MAUTI………………………………....………..3RD ACCUSED
RULING
1. The accused persons herein, ERIC KIBOI OMBATI, EDWARD MAUTI OBIERO and EVANS OYONDI MAUTI are jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. The particulars of the charge are that on 18th January 2015 at Kabiero Location in Gucha South Sub-County within Kisii County, jointly murdered WILSON ONAMI NYATIENO.
3. The accused persons pleaded not guilty to the charge and are currently awaiting their trial.
4. On 1st March 2015, Mr. Kaburi advocate for the 2nd and 3rd accused persons applied for their release on bond pending the hearing of their case.
5. Article 49 (1) (h) of the constitution, provides that bail is a constitutional right of every accused/arrested person and can only be denied where compelling reasons have been advanced by the `state.
6. In the instant case, the state, through Miss Mochama, indicated that they were not opposed to the accused persons being granted bond. I also note that the 1st accused had prior to the consolidation of this suit with Kisii HCCRC No. 30 of 2015 on 31st July, 2015 been granted bond of Kshs. 1,000,000/= with 2 sureties of a similar amount.
7. According therefore, I hereby allow the accused’s application for bond and order that each accused person shall be released upon executing their own personal bond of Kshs. 500,000/= with each one of them furnishing two (2) sureties of a similar amount.
8. Upon their release, each accused person shall be expected to attend court whenever they are required to do so until the determination of this case or further orders of this court.
9. It is further ordered that in default of any one appearance without any justifiable cause, the bond will be cancelled forthwith and the sureties called to account.
10. It is so ordered.
Dated, signed and delivered in open court this 3rd day of May, 2016
HON. W. A.OKWANY
JUDGE
In the presence of:
Otieno for the State
Kaburi & Soire for the Accuseds
Omwoyo court clerk