[2015] KEHC 3344 (KLR)
The court found that the accused, charged with murder, is constitutionally entitled to bond unless compelling reasons are shown to deny it. As the State did not oppose the application and no compelling reasons were presented, the court determined that the accused should be released on bond. The court also recognized...
Source-derived case information.
- Citation
- [2015] KEHC 3344 (KLR)
- Parties
- Respondent: Republic; Accused: Ezra Nyakundi Onyango
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 112 of 2014
- Procedural Posture
- Criminal Case / Ruling on Oral Bond Application Pending Trial
- Outcome
- Accused granted bond pending trial.
- Judges
- CB Nagillah
- Legal Topics
- Bail and Bond, Murder Charge, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Ezra Nyakundi Onyango
Accused
Procedural Posture
Criminal Case / Ruling on Oral Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny the accused bond under Article 49(1)(h) of the Constitution.
- 3 How to balance the constitutional rights of the accused and the victim's family in bond applications.
Ratio Decidendi
The court found that the accused, charged with murder, is constitutionally entitled to bond unless compelling reasons are shown to deny it. As the State did not oppose the application and no compelling reasons were presented, the court determined that the accused should be released on bond. The court also recognized the need to balance the rights of the accused with those of the victim's family, but found no evidence or argument justifying denial of bond. Accordingly, the accused was granted release on personal bond with sureties and conditions to ensure attendance at court and compliance with the judicial process.
Court Disposition
Accused granted bond pending trial.
Orders
- The accused is released on a personal bond of Ksh.1,000,000 with two sureties of similar amount, to be approved by the Deputy Registrar.
- The accused must attend court every month for mention of his case until hearing and disposal or further court orders.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.112 OF 2014
REPUBLIC
VERSUS
EZRA NYAKUNDI ONYANGO............................... ACCUSED
RULING
1. This is an oral application for bond by the accused person to be released pending the hearing and determination of his case.
2. The said accused is charged for murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are as follows:
‘On the 9th day of December 2014 at Mwongori Village in Borabu sub-County within Nyamira County in the Republic of Kenya, murdered TERESIA KERUBO.’
3. The right to bond/bail is a constitutional right as envisaged by the Constitution. Article 49 (1) says: “An arrested person has a right (h) 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 state is not opposed to this application.
There is not, as yet, pre-bail assessment report.
4. As the accused person has a constitutional protection, the victim’s family also has a constitutional protection. It is therefore incumbent upon the court to balance the rights of the accused persons and the rights of the victim family in the issuance of the bond/bail to the accused person.
5. In the light of the submissions by the state that they are not opposing bond application, this court, accordingly, will release the accused person on personal bond in the following terms:
i. A personal bond of Ksh.1,000,000. 00 with two sureties of similar amount. The same be approved by the Deputy Registrar of this court, on conditions that
ii. He attends court every month for mention of his case until the hearing and disposal of his case or until further court orders.
iii. The first such mention to be on 31st August 2015.
iv. Any one default, the bond will be immediately cancelled and the sureties made to account.
6. It is so ordered.
Dated, signed and delivered in open court at Kisii this 31st day of July 2015
HON. C. B. NAGILLAH
JUDGE
In the presence of:
Sepele for State
M/S Kaburi for Accused
Samuel Omuga: Court clerk