[2015] KEHC 5784 (KLR)
The court held that although bond is a constitutional right, it may be denied if compelling reasons exist. In this case, the accused is charged with the murder of his father, and most prosecution witnesses are family members. Releasing the accused on bond at this stage could compromise the prosecution's case, which...
Source-derived case information.
- Citation
- [2015] KEHC 5784 (KLR)
- Parties
- Respondent: Republic; Defendant: Ezekiel Otachi Akeya
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 64 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond denied at this stage; application to be reviewed after 30 days.
- Judges
- J Wakiaga
- Legal Topics
- Bail and Bond, Compelling Reasons, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Ezekiel Otachi Akeya
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bond as a constitutional right.
- 2 Whether there are compelling reasons to deny the accused bond at this stage.
- 3 Whether the prosecution must provide an affidavit from the investigating officer to support denial of bond.
Ratio Decidendi
The court held that although bond is a constitutional right, it may be denied if compelling reasons exist. In this case, the accused is charged with the murder of his father, and most prosecution witnesses are family members. Releasing the accused on bond at this stage could compromise the prosecution's case, which constitutes a compelling reason to deny bond. The court also clarified that there is no legal requirement for the investigating officer to swear an affidavit to establish compelling reasons. The bond application may be reviewed after 30 days, depending on the prosecution's review of the evidence and consideration of a plea agreement.
Court Disposition
Bond denied at this stage; application to be reviewed after 30 days.
Orders
- The accused is denied bond at this stage.
- Bond application to be reviewed after 30 days from the date of the ruling.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.64 OF 2012
REPUBLIC …........................................................................................... PROSECUTOR
VERSUS
EZEKIEL OTACHI AKEYA ............................................................................... ACCUSED
RULING
1. Bond is now a Constitutional Right of every accused person which can only be denied if there are compelling reasons. These compelling reasons must be provided for by the State. Miss Boyon for the State has submitted that the investigating officer has not been to the chambers to swear an affidavit.
2. There is no legal requirement that an affidavit be sworn by the investigating officer to confirm any compelling reasons.
3. To enable the court decide on bond terms, probation officer's pre-bail report has been filed in which it has been recommended that the accused person be released on bond pending trial. I have however noted that the accused person is accused of murder of his father and that close family members are willing to stand surety for the accused person.
4. To my mind most of the prosecution witnesses will be those from family members and therefore to release the accused person on bond at this stage is likely to compromise the prosecution of his case which to my mind is a compelling reason enough to deny him bond at this stage.
5. I will therefore decline to release the accused person on bond at this point, the same to review his bond application after a period of 30 days from the date herein upon the prosecution reviewing the evidence available to decide whether this is a matter where plea agreement can be entered.
6. The matter to be mentioned on 19/5/2015 for further order. His advocate to be served to attend.
Dated and signed at Kisii this 17th day of March 2015
J. WAKIAGA
JUDGE
17/3/2015
In the presence of:-
Miss Boyon for the State
N/A by Mr. Ochoki
Accused present