[2015] KEHC 3351 (KLR)
The court held that the accused is entitled to bond as a constitutional right under Article 49(1)(h) of the Constitution, unless compelling reasons are shown to deny such release. In this case, the State did not oppose the application and no compelling reasons were presented to warrant denial of bond. The court...
Source-derived case information.
- Citation
- [2015] KEHC 3351 (KLR)
- Parties
- Respondent: Republic; Accused: Hellen Kemunto
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 32 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- bond granted
- Judges
- CB Nagillah
- Legal Topics
- Bail and Bond, Murder Charge, Constitutional Rights, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Hellen Kemunto
Accused
Procedural Posture
Criminal Case / Ruling on Bond Application
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 held that the accused is entitled to bond as a constitutional right under Article 49(1)(h) of the Constitution, unless compelling reasons are shown to deny such release. In this case, the State did not oppose the application and no compelling reasons were presented to warrant denial of bond. The court further recognized the need to balance the rights of the accused with those of the victim's family but found no evidence justifying continued detention. Accordingly, the accused was granted release on personal bond with two sureties, subject to conditions ensuring attendance at court and compliance with the bond terms.
Court Disposition
bond granted
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 the 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.32 OF 2015
REPUBLIC
VERSUS
HELLEN KEMUNTO - 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 29th day of May 2015 at Bochura village in Kisii Central District within Kisii County in the Republic of Kenya, murdered JARED ATANDI.’
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.”
a) The state is not opposed to this application.
b) 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 ofJuly 2015
HON. C. B. NAGILLAH
JUDGE
In the presence of:
Sepele State
M/S Sagwe holding brief for M/S Ondari for Accused
Samuel Omuga: Court clerk