[2017] KEHC 851 (KLR)
The court found that the accused persons had been in custody for over five years without their trial commencing, which was a violation of their constitutional rights under Article 49(1)(h) of the Constitution of Kenya. The absence of any objection from the prosecution and the prolonged pretrial detention constituted...
Source-derived case information.
- Citation
- [2017] KEHC 851 (KLR)
- Parties
- Accused: Ezekiel Oganga Nyamwaro; Accused: Peter Nyangeri Ondigo; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 22 0f 20 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Review Application
- Outcome
- Bond granted to both accused persons with conditions.
- Judges
- CB Nagillah
- Legal Topics
- Bail and Bond, Pretrial Detention, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ezekiel Oganga Nyamwaro
Accused
Peter Nyangeri Ondigo
Accused
Director of Public Prosecution
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Review Application
Legal Issues
- 1 Whether the continued detention of the accused persons without trial violates their constitutional right to bail.
- 2 Whether the circumstances justify a review of the previous order denying bond.
Ratio Decidendi
The court found that the accused persons had been in custody for over five years without their trial commencing, which was a violation of their constitutional rights under Article 49(1)(h) of the Constitution of Kenya. The absence of any objection from the prosecution and the prolonged pretrial detention constituted sufficient change in circumstances to warrant a review of the previous order denying bond. The court therefore granted the accused persons bond with strict conditions to ensure their attendance and prevent interference with witnesses.
Court Disposition
Bond granted to both accused persons with conditions.
Orders
- Each accused is granted personal bond of Ksh. 1,000,000 with two sureties each, to be approved by the court.
- If the accused interfere with witnesses, bond will be cancelled and sureties called to account.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYAMIRA
HCCR NO 22 0F 2015
REPUBLIC..............................................................STATE
- V E R S U S -
EZEKIEL OGANGA NYAMWARO.......1ST ACCUSED
PETER NYANGERI ONDIGO..............2ND ACCUSED
R U L I N G
By the ruling of this court delivered on 10th December, 2015, the application for bond by the two accused persons, EZEKIEL OGANGANYAMWARO and PETER NYANGERI ONDIGO, was rejected by the court.
On 7thNovember, 2017, Counsel H. Kaburi, holding brief for Bwonwonga made a fresh application to review the ruling of 10th, December, 2015.
The Respondent – the Director of Public Prosecution (DPP)Mr. Ochieng’ had no objection to the court reviewing the ruling, especially in the light that the hearing of this case has never taken off as a result, the two accused have been in custody for over five years.
The accused have rights and those rights must not be overlooked. The Constitution grants these rights to them; See 49 (1) (h.)
Accordingly, the two accused persons are hereby granted personal bond of Ksh. 1,000,000/= with two sureties each, the same to be approved by the Honourable Court.
I wish to add that should they interfere with the witnesses, then their bond will be cancelled forthwith and the sureties would be called to account.
The accused persons must attend court every month for the mention of their case without failure. Any one default the bond would be cancelled forthwith and the sureties made to account. The first such mention to be on 14th December, 2017.
Orders accordingly.
Dated and delivered at Nyamira High Court this14thday ofNovember, 2017.
C. B. NAGILLAH
JUDGE
In the Presence of:-
Bwonuong’afor both accused persons.
Ochieng’for the Respondent
MercyCourt Clerk