[2016] KEHC 6109 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused person bond. The State did not oppose the application for bond, and the accused is entitled to bond under Article 49(1)(h) of the Constitution. The court therefore exercised its discretion to grant the accused bond...
Source-derived case information.
- Citation
- [2016] KEHC 6109 (KLR)
- Parties
- Respondent: Republic; Applicant: Faith Gesare Rasugu
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2016
- Procedural Posture
- Criminal Murder / Bond Application Ruling
- Outcome
- Bond granted to the accused pending trial.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Faith Gesare Rasugu
Applicant
Procedural Posture
Criminal Murder / Bond Application Ruling
Legal Issues
- 1 Whether the accused is entitled to be released on bond pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are any compelling reasons to deny the accused bond.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused person bond. The State did not oppose the application for bond, and the accused is entitled to bond under Article 49(1)(h) of the Constitution. The court therefore exercised its discretion to grant the accused bond on reasonable terms, ensuring her attendance at trial and compliance with court orders.
Court Disposition
Bond granted to the accused pending trial.
Orders
- The accused shall be released on bond upon executing her own personal bond of Kshs. 500,000 with 2 sureties of a similar amount.
- The accused shall appear in court whenever required until the case is heard and determined or until further orders of the court.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL MURDER NO. 01 OF 2016
REPUBLIC……………………………………………………...........................PROSECUTOR
VERSUS
FAITH GESARE RASUGU……………………………………….........................…ACCUSED
RULING
The accused person herein FAITH GESARE RASUGU is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
The particulars of the charge are that on 4th January, 2016 at Teresi village in Kisii Central District within Kisii County in the Republic of Kenya murdered BRADFORD MATUNDURA.
On the 19th January 2016, the accused pleaded not guilty to the charge and is currently awaiting her trial.
The accused has through her advocate Mr. Nyagwencha has now applied to be released on bond pending her trial in line with the provisions of
Article 49 (l) (h) of the constitution.
Mr. Otieno who appeared for the state did not oppose the application for the release of the accused person on bond.
In view of the above, I hereby allow the accused’s application on bond on the following terms:-
The accused shall be released on bond upon executing her own personal bond of Kshs. 500,000/= with 2 sureties of a similar amount.
Once she is released on bond, she shall appear in court whenever she is required to do so by the Honourable Court until the case is heard and determined or until further orders of this Honourable Court.
In default of (2) above, the bond shall be cancelled immediately and the sureties taken to account.
Delivered, dated and signed in at Kisii on 30th day of March, 2016.
W.A. OKWANY
JUDGE
In the presence of:
Mochama for the State
Nyagwencha for the Accused
Omwoyo court clerk