[2013] KEHC 7083 (KLR)
The court found that the accused is entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution of Kenya. The prosecution did not present any compelling reasons to deny bail, and therefore, the court had no basis to refuse the application. The court emphasized that while the right to bail...
Source-derived case information.
- Citation
- [2013] KEHC 7083 (KLR)
- Parties
- Respondent: Republic; Defendant: Jane Alice Okoth
- Court
- High Court
- Court Station
- High Court at Nyandarua
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2003
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- application for bond allowed
- Judges
- EM Muchoki
- Legal Topics
- Bail and Bond, Murder Charge, Constitutional Rights, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Jane Alice Okoth
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny bail as required by the Constitution.
Ratio Decidendi
The court found that the accused is entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution of Kenya. The prosecution did not present any compelling reasons to deny bail, and therefore, the court had no basis to refuse the application. The court emphasized that while the right to bail is not absolute, in the absence of opposition or evidence of compelling reasons, the accused must be granted bail. The court also noted the need to set reasonable conditions to ensure the accused does not abscond, balancing the constitutional right with the interests of justice.
Court Disposition
application for bond allowed
Orders
- The accused shall execute a bond of Kshs. 3 million with one substantial surety of similar amount.
- Sureties to be approved by the Deputy Registrar.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
Cases in Magistrate Courts
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REPUBLIC………..……….……………………PROSECUTOR
VERSUS.
JANE ALICE OKOTH…… ……….…………….ACCUSED.
RULING.
The accused is charged with murder c/sec 203 as read with S. 204 of the Penal Code. The particulars are that on 8. 1.2013 at Nyakweri village, Mfangano North Location in Mbita District within Homa Bay County murdered CHARITY NGILU OKOTH.
She pleaded not guilty to the charge. Her Advocate, Mr. G.S. Okoth applied for her to be released on bond pending the trial. He submitted that it is her constitutional right and that she shall furnish securities and abide by any terms set by the court. She is a mother and her children need her love.
The application was not opposed. Miss Valery for the Republic only asked that the terms be such that the accused does not abscond.
Bail/bond is a constitutional right under Art. 49(1) (H) of the constitution. However that right is not absolute and may be withheld where there are compelling reasons. The said compelling reasons are proved by the prosecution. In this case the state has no objection to the application for bond.
This court has therefore no reason to refuse the application. The constitution requires that the conditions be reasonable but this court must also give consideration that the terms must be such that the accused does not abscond.
Accordingly the accused is released on bond as follows:
1. That the accused person shall execute a bond of Kshs.3 million with 1(one) substantial surety of similar amount.
2. Sureties to be approved by the Deputy Registrar
3. That pending the trial she shall attend court once every month for the mention of her case the first such mention being on 24. 5.2013.
4. That she shall pending the trial report to the nearest Police Station once a fortnight and in the event that she does not do so she shall be immediately apprehended and brought to court.
5. Hearing on 24. 6.2013.
Signed, dated and delivered in Homa Bay this…3rd day of May 2013
E.N. MAINA
JUDGE
In presence of:-
Miss Valery for the state.
Miss Nekesa for the accused.
Accused person
Eudice Okombo Dholuo interpreter.
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