[2016] KEHC 4902 (KLR)
The court found that there were no compelling reasons presented by the prosecution or the investigating officer to deny the accused bond. The pre-bail report was favorable, and the state did not object to the application. The court emphasized that bond is a constitutional right under Article 49(1)(h) and, in the...
Source-derived case information.
- Citation
- [2016] KEHC 4902 (KLR)
- Parties
- Respondent: Republic; Applicant: Jairus Ondong’a Birundu
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 57 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Application for bond allowed.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Pre Trial Release, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Jairus Ondong’a Birundu
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the accused bond under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution or the investigating officer to deny the accused bond. The pre-bail report was favorable, and the state did not object to the application. The court emphasized that bond is a constitutional right under Article 49(1)(h) and, in the absence of compelling reasons to the contrary, the accused should be released on bond pending trial. The court therefore allowed the application for bond, setting terms for the accused's release and compliance with court appearances.
Court Disposition
Application for bond allowed.
Orders
- The accused may be released upon executing his own personal bond of Kshs. 500,000 with 2 sureties of a similar amount.
- Once released 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
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
Criminal Case No. 57 Of 2015
REPUBLIC………………………..………………………..PROSECUTOR
VERSUS
JAIRUS ONDONG’A BIRUNDU……………….….…..……….ACCUSED
RULING
1. The accused herein JAIRUS ONDONG’A BIRUNDU, is facing the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. It is alleged that on 21st December, 2015 at Nyoera Sub-location in Nyamache sub-county within Kisii County, he murdered EVANS MOMANYI BIRUNDU.
2. The accused pleaded not guilty to the charge and is currently awaiting his trial.
3. The accused has, through his advocate Mr. Bigogo applied to be released on bond pending his said trial.
4. The state, through Mr. Otieno state counsel did not object to the accused being released on bond as he stated that the investigating officer had no compelling reasons to deny the accused bond.
5. The social enquiry/pre-bail report filed by the probation officer on 29th March, 2016 also favoured release of the accused on bond.
6. In view of the above and taking into account the fact that bond is now a constitutional right of every accused/arrested person under Article 49 (1) (h), I hereby allow the accused’s application for bond on the following terms:
The accused may be released upon executing his own personal bond of Kshs. 500,000/=with 2 sureties of a similar amount.
Once he is released on bond, he shall appear in court whenever he is required to do so by the Honourable Court until the case is heard and determined or until further orders of this Honourable Court.
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 9th day of May, 2016.
W.A. OKWANY
JUDGE
In the presence of:
Otieno for the State
Mr. Magara for Bigogo for the Accused
Omwoyo court clerk