[2016] KEHC 6670 (KLR)
The court found that the accused is entitled to bond as guaranteed by Article 49(1)(h) of the Constitution, there being no compelling reasons advanced by the prosecution to deny bond. The pre-bail assessment report favored release due to the accused's health condition, and the State did not oppose the application....
Source-derived case information.
- Citation
- [2016] KEHC 6670 (KLR)
- Parties
- Applicant: Republic; Respondent: Evans Ong’ou Obwaya
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Application for bond allowed; accused released on bond pending trial.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Evans Ong’ou Obwaya
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to release on bond pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bond in a murder case.
Ratio Decidendi
The court found that the accused is entitled to bond as guaranteed by Article 49(1)(h) of the Constitution, there being no compelling reasons advanced by the prosecution to deny bond. The pre-bail assessment report favored release due to the accused's health condition, and the State did not oppose the application. The court therefore exercised its discretion to grant bond on reasonable terms, subject to compliance with court orders and approval of sureties.
Court Disposition
Application for bond allowed; accused released on bond pending trial.
Orders
- The accused may be released upon executing his own personal bond of Kshs.500,000 with 2 sureties of a similar amount.
- The proposed sureties shall be approved by the Deputy Registrar of this court.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.15 OF 2012
REPUBLIC - - - PROSECUTOR
VERSUS
EVANS ONG’OU OBWAYA - ACCUSED
RULING
The accused person herein, is charged with the offence of Murdercontrary toSection 203as read withSection 204of thePenal Code.
The particulars of the charge are that on the night of 29th and 30th January 2012, at Kiongany Sub-location in Marani District within Kisii County, jointly with others not before the court, murdered SAMWEL OBWAYA MOKAYA.
The accused pleaded not guilty to the charge and has been awaiting his trial since 3rd February 2012 when he took his said plea.
On 13th July 2015, the accused applied to be released on bond pending his trial. The State did not oppose the accused’s said application for bond.
The pre-bail assessment report filed in court on 28th October 2015 recommended that the accused may be released on bond to enable him get proper medication as he is sickly.
I have taken into account the fact that the application for bond is not opposed and that the pre-bail assessment report favours the release of the accused person on bond.
Indeed, the provisions of Article 49 (1) (h) of the Constitution guarantees every arrested person the right to be released on bond pending their trial save for instances where there are compelling reasons for not granting bond.
Consequently, I hereby allow the accused’s application to be released on bond in the following terms:-
The accused may be released upon executing his own personal bond of Kshs.500,000/= with 2 sureties of a similar amount.
The proposed sureties shall be approved by the Deputy Registrar of this court.
The accused shall attend court for mention of his case once every thirty (30) days until the case is heard and determined or until further orders of this Honourable Court.
Should the accused default in any one mention without justifiable cause then the bond shall stand cancelled and the sureties called to account.
Hearing on 16th March, 2016.
Dated, signed and delivered in open court this 20th day of January 2016
HON. W. OKWANY
JUDGE
In the presence of:
Otieno for the State
Mr. Ondari for the Accused
Omwoyo: court clerk