[2016] KEHC 7087 (KLR)
The court found that bond is a constitutional right under Article 49(i)(h) of the Constitution, and there were no compelling reasons presented by the State to deny the accused bond. The pre-bail assessment report was favorable, indicating family and community support, and the victim's family had expressed...
Source-derived case information.
- Citation
- [2016] KEHC 7087 (KLR)
- Parties
- Accused: Evans Bosire Ateka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2015
- Procedural Posture
- Criminal Application / Ruling on Bond Application Prior to Trial
- Outcome
- Bond granted to the accused pending trial.
- Judges
- CB Nagillah
- Legal Topics
- Bail and Bond, Murder Charge, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Bosire Ateka
Accused
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Bond Application Prior to Trial
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bond as provided under Article 49(i)(h) of the Constitution.
Ratio Decidendi
The court found that bond is a constitutional right under Article 49(i)(h) of the Constitution, and there were no compelling reasons presented by the State to deny the accused bond. The pre-bail assessment report was favorable, indicating family and community support, and the victim's family had expressed forgiveness. The accused was therefore entitled to be released on bond pending trial, subject to conditions to ensure his attendance in court.
Court Disposition
Bond granted to the accused pending trial.
Orders
- The accused is released on personal bond of Kshs.500,000 with two sureties of similar amount.
- The accused must attend court mentions every month.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAMIRA
HCCR NO.11 OF 2015
REPUBLIC…………………………………………………….STATE
VERSUS
EVANS BOSIRE ATEKA………………………………….ACCUSED
R U L I N G
The accused person has applied for bond. The State asked for further time to enable it file its response to this application.
The court called for pre-bail assessment report meanwhile.
The accused is charged for murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars thereof were on 31st December, 2011 at Nyagwencha village, Bokiambori Sub-location Nyamira District within Nyamira murdered HERALD KARANI ATEKA.
The accused denied the offence and he now awaits a full trial. In the meantime he now asks for bond pending the trial of his case.
The pre-bail assessment report was filed on 11th December, 2015 and is dated 16th December, 2015. The accused is aged 32 years. He is married to Jackline Kerubo and have two children.
The victim’s family are willing as some have forgiven him.
Bond is a constitutional right under Article 49(i) (h):…… “An arrested person has a right to be released on bond or bail on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released”.
The family of the accused are positive and are willing to support the accused during his trial and ensures he attends court as and when required to.
The community members when contacted described the accused person as one who is not fond of criminal tendencies safe for associating with negative peers and alcohol abuse. This is blamed on single parenthood which has culminated to poor parental upbringing.
Therefore, there being no compelling reasons not be released, this court will accordingly, will release the accused person on personal bond of Kshs.500,000 with two sureties of similar amount on the following conditions:
He attends court mentions every month.
Any one default, then bond to be cancelled forthwith.
The first such attendance to be on 19th February, 2016.
It is so ordered.
Dated this 19th day of January 2016.
C.B. NAGILLAH
JUDGE
In the presence of:-
Soire for applicant
Konga for State
Mercy -Court clerk