[2017] KEHC 6403 (KLR)
The court found that bond is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, which provides that an arrested person has the right to be released on bond or bail on reasonable conditions unless there are compelling reasons not to be released. In this case, the prosecution did not present...
Source-derived case information.
- Citation
- [2017] KEHC 6403 (KLR)
- Parties
- Applicant: Republic; Respondent: Everlyne Kemunto Moti; Respondent: Yunia Kerubo Akama
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 63 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond granted to both accused persons with conditions.
- Judges
- CB Nagillah
- Legal Topics
- Murder Charge, Bail and Bond, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Everlyne Kemunto Moti
Respondent
Yunia Kerubo Akama
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused persons are entitled to bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bond as required under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that bond is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, which provides that an arrested person has the right to be released on bond or bail on reasonable conditions unless there are compelling reasons not to be released. In this case, the prosecution did not present any compelling reasons to deny bond and left the matter to the court's discretion. The court, therefore, exercised its discretion in favor of the accused persons and admitted them to bond with specified terms and sureties, pending the hearing and determination of their case.
Court Disposition
Bond granted to both accused persons with conditions.
Orders
- Each accused person to be released on bond of Ksh. 1,000,000 with two sureties of the same amount, approved by the Deputy Registrar.
- Accused persons must attend court on each occasion for the mention of the case without fail.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT NYAMIRA.
HCCR CRIMINAL CASE NO. 63 OF 2015.
REPUBLIC……………………..........APPLICANT
V E R S U S
EVERLYNE KEMUNTO MOTI….RESPONDENT
YUNIA KERUBO AKAMA……….RESPONDENT
R U L I N G.
This is an application for bond by the two accused persons. The application was made on 02/02/2017by their Counsel, Mr. Bwonwonga.
The accused persons, Evalyne Kemunto Moti and Yunia Kerubo Akama were charged for murder contrary to Section 203 as read with Section 204of thePenal Code.
The particulars thereof being that on 19th September, 2015at Miruka village within Nyamira County in the Republic of Kenya, jointly murdered NANCY KWAMBOKA.
They both denied the charge.
The hearing of their matter commenced on 17th/08/2016, so far two witnesses have testified.
And therefore, pending the hearings of their case, they now seek bond so that they can attend court from their respective home.
Bond is a constitutional right. Article 49 (i) (h) says: An arrested person has the 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 prosecution raised no compelling reasons. In fact he left the matter to the discretion of the court.
In view hereof, this court proceeds to admit the two accused persons to bond as follows:-
1) Ksh. 1,000,000 each with two sureties each of the same amount. The same to be approved by the Deputy Registrar of this court, the bond will be based on the following terms:
1. Attend court on each occasion for the mention of this case without fail.
2. Any one default, the sureties will be called to account and the bond shall be cancelled forthwith.
The first such mention to be on 11th May, 2017.
This to be the position until their case is heard and determined or by any changes as ordered by this court.
Orders accordingly.
Dated at Nyamira this 24th day of April 2017.
C.B NAGILLAH
JUDGE
In the Presence of:-
Bwonwongafor the accused persons.
Otieno for the state.
Mercy - Court Clerk.