[2016] KEHC 6028 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused persons their constitutional right to bond. Article 49(1)(h) of the Constitution guarantees the right to bail unless compelling reasons are shown. Since the prosecution expressly stated that it had no such reasons,...
Source-derived case information.
- Citation
- [2016] KEHC 6028 (KLR)
- Parties
- Applicant: Republic; Defendant: Isack Olang Onserio; Defendant: Hezron Ouma Karani
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Murder Case 54 of 2015
- Procedural Posture
- Criminal Murder / Ruling on Bond Application Pending Trial
- Outcome
- application for bond allowed
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Compelling Reasons, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Isack Olang Onserio
Defendant
Hezron Ouma Karani
Defendant
Procedural Posture
Criminal Murder / 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.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused persons their constitutional right to bond. Article 49(1)(h) of the Constitution guarantees the right to bail unless compelling reasons are shown. Since the prosecution expressly stated that it had no such reasons, the court was obligated to grant the application for bond. The court therefore allowed the accused persons to be released on personal bond with sureties, subject to their continued appearance in court as required.
Court Disposition
application for bond allowed
Orders
- Each accused person may be released upon executing their own personal bond of Kshs. 500,000 with each providing 2 sureties of a similar amount.
- Once on bond, 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
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL MURDER NO. 54 OF 2015
REPUBLIC.............................................................................PROSECUTOR
VERSUS
1. ISACK OLANG ONSERIO...............................................1ST ACCUSED
2. HEZRON OUMA KARANI...............................................2ND ACCUSED
RULING
1. The 2 accused persons herein ISACK OLANG ONSERIO and HEZRON AUMA KARANI are charged with one count of murder contrary to Section 203 as read with Section 204 of the Penal Code.
It is alleged that on 14th November, 2015 at Magenche Location in Kenyenye Sub-County within Kisii County jointly murdered QUINNE NYABOKE.
2. The accused persons pleaded not guilty to the said charge on 3rd December, 2015 and are currently awaiting their trial. They have now, through their advocate Mr. Okemwa applied to be released on bond pending their trial.
3. Mr. Otieno for the state informed the court that he had no compelling reasons why the accused cannot be released on bond.
4. Needless to say, under Article 49 (1) (h) of the Constitution, every arrested person is entitled to be released on bond except where there are compelling reasons to deny them bond.
5. In view of the above, I allow the accused’s application for bond in the following terms:
a. Each accused person may be released upon executing their own personal bond of Kshs. 500,000/= with each providing 2 sureties of a similar amount.
b. Once on bond, they shall appear in court whenever they are required to do so by the Honourable Court until the case is heard and determined or until further orders of this Honourable Court.
c. 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 24th day of March, 2016.
W.A. OKWANY
JUDGE
In the presence of:
Mr. Otieno for prosecutor
Mr. Okemwa for accused
Mr. Omwoyo – Court Clerk