[2015] KEHC 29 (KLR)
The court found that Article 49(1)(h) of the Constitution guarantees the right of an accused person to be released on bond unless compelling reasons are provided to deny such release. In this case, the State did not advance any compelling reasons to oppose the bond application. The pre-bail assessment report...
Source-derived case information.
- Citation
- [2015] KEHC 29 (KLR)
- Parties
- Applicant: Republic; Defendant: Henry Nyabuto Arori; Defendant: Haron Nyabuka Arori
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 48 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Bond granted to both accused persons pending trial.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Henry Nyabuto Arori
Defendant
Haron Nyabuka Arori
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to be released on bond pending trial.
- 2 Whether there are compelling reasons to deny the accused persons bond as required under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that Article 49(1)(h) of the Constitution guarantees the right of an accused person to be released on bond unless compelling reasons are provided to deny such release. In this case, the State did not advance any compelling reasons to oppose the bond application. The pre-bail assessment report recommended the accused as suitable for release. Therefore, the court allowed the application for bond, setting the terms for release and compliance, including the amount of bond, sureties, and reporting requirements.
Court Disposition
Bond granted to both accused persons pending trial.
Orders
- Each accused person may be released on his own bond of Kshs.500,000 with two sureties of a similar amount.
- Sureties to be approved by the Deputy Registrar of the court.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.48 OF 2015
REPUBLIC - - - PROSECUTOR
VERSUS
HENRY NYABUTO ARORI - 1ST ACCUSED
HARON NYABUKA ARORI - 2ND ACCUSED
RULING
1. The accused persons herein, HENRY NYABUTO ARORI and HARON NYABUKA ARORI are jointly charged with the offence of Murder contrary to Section 203as read withSection 204 of the Penal Code.
The particulars of the charge are that on 18th May 2015 at Riongonjo village, Gionseri Sub-Location, Nyamache District within Kisii County jointly murdered JOHN MOSE NYANGAU.
2. On 29th September 2015, the accused persons pleaded “NOT GUILTY” to the said charge and are currently awaiting their trial.
3. Mr. Okenye, counsel for the accused applied for their release on bond pending their trial. The State did not object to the accused being released on bond.
4. A pre-bail assessment report filed by the Probation Officer on 23rd October 2015 recommended that the accused were suitable for release on bond pending their trial.
5. Article 49 (1) (h) of the Constitution guarantees an accused persons right to be released on bond pending their trial except where there are compelling reasons to deny them bond.
6. In the instant case, no reasons, compelling or otherwise, have been advanced by the State that can cause me to deny the accused their right to bond.
7. Consequently, I allow the accuseds’ application for bond on the following terms:
a. Each accused person may be released on his own bond of Kshs.500,000/= with each availing two sureties of a similar amount.
b. The sureties shall be approved by the Deputy Registrar of this court.
c. Upon their release, the accused shall attend court for mention once every 30 days until their case is heard and determined or until further orders of this court.
d. In default of (c) above without any justifiable cause the bond shall stand cancelled forthwith and the sureties called to account.
e. Mention on 17th December 2015.
Dated, signed and delivered in open court this 23rd day of November, 2015
HON. W. OKWANY
JUDGE
In the presence of:
Otieno for the State
No appearance for the Accused
Ogega: court clerk