[2019] KEHC 3119 (KLR)
The court found that the Prebail Reports for both accused persons were favourable and there were no compelling reasons presented to deny them bond. The court exercised its discretion to grant bond, setting the amount at Kshs 500,000/= with a surety of a similar amount for each accused. The court further imposed a...
Source-derived case information.
- Citation
- [2019] KEHC 3119 (KLR)
- Parties
- Applicant: Republic; Defendant: John Kobia Ikiao; Defendant: Joseph Gikuulia M’Kirigia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 72 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond granted to both accused persons with conditions.
- Legal Topics
- Murder Charge, Bail and Bond, Prebail Report, Conditions of Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Kobia Ikiao
Defendant
Joseph Gikuulia M’Kirigia
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused persons are entitled to release on bond pending trial.
- 2 Whether the Prebail Reports support the release of the accused persons on bond.
- 3 What conditions should be attached to the grant of bond.
Ratio Decidendi
The court found that the Prebail Reports for both accused persons were favourable and there were no compelling reasons presented to deny them bond. The court exercised its discretion to grant bond, setting the amount at Kshs 500,000/= with a surety of a similar amount for each accused. The court further imposed a condition that the accused persons must not interfere with witnesses or the trial process, warning that any breach of these terms would result in immediate cancellation of the bond. The decision was guided by constitutional and statutory provisions on the right to bond and the need to ensure the integrity of the trial process.
Court Disposition
Bond granted to both accused persons with conditions.
Orders
- Each accused person to be released on bond of Kshs 500,000 with a surety of a similar amount.
- Accused persons not to interfere with witnesses or the trial in any way.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 72 OF 2019
REPUBLIC …...........................……………….…….……………. PROSECUTOR
VERSUS
JOHN KOBIA IKIAO...............................……….……………….1ST ACCUSED
JOSEPH GIKUULIA M’KIRIGIA................................................2ND ACCUSED
RULING
The accused persons John Kobia Ikiao and Joseph Gikuulia M’Ikirigiga were jointly charged with the offence of murder contrary to section 203 as read with section 204 of the penal code.
Particulars are that on 13th August 2019 at around 1900hrs at Andune Village, Athwana Sub-location in Tigania Central Sub county within Meru County the accused persons jointly murdered Joseph Mugaa.
The 2nd accused person pleaded not guilty to charge of murder and upon their application for bond a Prebail Report was called for. The Prebail Reports filed on 2. 10. 2019 are favourable to their release on bond pending trial. The accused person may therefore be released on bond of Kshs 500,000/= each with a surety of a similar amount each on condition the accused person don’t interfere with the witnesses or even the trial against them in any way. Any slightest breach of the bond terms will warrant the cancellation of bond terms forthwith.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 7TH DAY OF October 2019.
In the presence of :
C/A: Mwenda
Ms Mbithe for state
Mr Omari Advocate for accused persons.
A1 – Present in person
A2 – Present in person
Court : Further mention 28. 10. 2019 in court 1 for allocation to trial court.
HON A. ONG’INJO
JUDGE