[2014] KEHC 349 (KLR)
The court found that the bond terms previously set were excessive and beyond the accused's means, effectively denying him the right to bail. The court exercised its discretion to review the bond terms, balancing the accused's constitutional right to bail with the need to ensure his attendance at trial. The court...
Source-derived case information.
- Citation
- [2014] KEHC 349 (KLR)
- Parties
- Applicant: Henry Nyabuto Onyoni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 69 of 2011
- Procedural Posture
- Bond Application / Ruling on Bond Review
- Outcome
- Bond terms reviewed and reduced; accused granted bond on revised terms.
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release, Bond Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Nyabuto Onyoni
Applicant
Republic
Respondent
Procedural Posture
Bond Application / Ruling on Bond Review
Legal Issues
- 1 Whether the bond terms previously set were excessive and prohibitive for the accused.
- 2 Whether the bond terms should be reviewed to allow the accused reasonable opportunity for release pending trial.
Ratio Decidendi
The court found that the bond terms previously set were excessive and beyond the accused's means, effectively denying him the right to bail. The court exercised its discretion to review the bond terms, balancing the accused's constitutional right to bail with the need to ensure his attendance at trial. The court reduced the personal bond to Kshs. 5,000,000 with one surety, to be approved by the Deputy Registrar, and imposed a requirement for the accused to appear every thirty days for mention until the case is heard and determined. The court further ordered that failure to appear would result in automatic cancellation of the bond.
Court Disposition
Bond terms reviewed and reduced; accused granted bond on revised terms.
Orders
- The accused is released on a personal bond of Kshs. 5,000,000 with one surety.
- The surety shall be approved by the Deputy Registrar of the court.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 69 OF 2011
REPUBLIC…………………………PROSECUTOR
VERSUS
HENRY NYABUTO ONYONI…………ACCUSED
RULING
The accused herein HENRY NYABUTO ONYONI is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that he murdered BOCHERE ONYONI on the 12th July, 2011 at Boikang’a sub location in South Gucha District within Kisii County. He is alleged to have committed the offence jointly with others who are not before the court.
The accused made his bond application on 23rd February, 2012 seeking to be released on bond pending trial.
In its ruling on this bond application, the court released the accused on his own personal bond of kshs. 10,000,000 plus to sureties of similar amount.
The accused says, he has been unable to execute the bond as the terms are prohibitive and unaffordable for him. He seeks the review of the bond term to manageable level. He can get only one surety.
The court therefore wish to review the bond terms as herebelow:-
A personal bond of kshs. 5,000,000 with one surety.
The surety shall be approved by the Deputy Registrar of this Honourable court.
The accused shall appear before court every thirty (30) days for mention until the case is heard and determined until further orders of this court.
Mention to follow the chronological sequence first set by this court on 20th December, 2012.
In default of any one appearance, the bond shall stand cancelled.
It is so ordered.
Dated and delivered at KISII this 7th day of November, 2014.
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Omwega holding brief for Okenye for the applicant.
No state representation for the respondent
Edwin Mongare Court Clerk.