[2015] KEHC 5773 (KLR)
The court held that the accused is entitled to bond as a constitutional right under Article 49(1)(h) of the Constitution of Kenya. The State failed to provide any compelling reasons to justify denial of bond. The pre-bail report recommended the accused's suitability for release. Consequently, the court ordered the...
Source-derived case information.
- Citation
- [2015] KEHC 5773 (KLR)
- Parties
- Respondent: Republic; Defendant: Ibrahim Omwoyo Matagaro
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 66 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Accused granted bond pending trial.
- Judges
- J Wakiaga
- Legal Topics
- Right to Bail, Pretrial Release, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Ibrahim Omwoyo Matagaro
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bond as a constitutional right.
- 2 Whether the State has provided compelling reasons to deny bond to the accused.
Ratio Decidendi
The court held that the accused is entitled to bond as a constitutional right under Article 49(1)(h) of the Constitution of Kenya. The State failed to provide any compelling reasons to justify denial of bond. The pre-bail report recommended the accused's suitability for release. Consequently, the court ordered the accused's release on bond pending trial, subject to specified terms.
Court Disposition
Accused granted bond pending trial.
Orders
- The accused is released on bond of Kshs.500,000 with two sureties of similar amount.
- Upon release, the accused shall report to his area Chief immediately and thereafter every last Thursday of the month until the determination of the case.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 66 OF 2014
REPUBLIC …..................................................................................PROSECUTOR
VERSUS
IBRAHIM OMWOYO MATAGARO…....................................................ACCUSED
RULING
Bond is now a Constitutional Right of every accused person which can only be denied if there are compelling reasons which reasons must be provided for by the State.
The State has not produced any compelling reason to deny the accused herein his Constitutional Right.
The pre-bail report submitted to this court has recommended the suitability of the accused being released on bond.
I would therefore order that the accused be released on bond pending trial upon the following terms:-
Bond of Kshs.500,000/= with two sureties of similar amount.
Upon release the accused person to report to his area Chief immediately and thereafter every last Thursday of the month until the determination of this case.
The accused to attend for mention before the D/R of this court once after every thirty (30) days with the first such mention being the 17/4/2015 and thereafter at the dates to be fixed by the said D/R.
Dated and signed at Kisii this 17th day of March 2015.
J. WAKIAGA
JUDGE
17. 3.2015
In the presence of:-
Miss Boyon for the State
Mr. Ogari for Bigogo for Accused
Accused present