[2016] KEHC 3240 (KLR)
The court found, based on the probation officer's report and inquiries with the local administration and community, that the accused has a fixed abode in Checheles Sub-Location, Isiolo District, with family ties and no negative attributes reported. The prosecution's sole ground of objection, that the accused lacked...
Source-derived case information.
- Citation
- [2016] KEHC 3240 (KLR)
- Parties
- Applicant: John Lokomoi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 55 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Bond granted to the accused pending trial.
- Judges
- RPV Wendoh
- Legal Topics
- Bail and Bond, Flight Risk, Pre Trial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Lokomoi
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bond pending trial.
- 2 Whether the accused is a flight risk due to lack of a fixed abode.
- 3 Whether there are other considerations that would warrant denial of bond.
Ratio Decidendi
The court found, based on the probation officer's report and inquiries with the local administration and community, that the accused has a fixed abode in Checheles Sub-Location, Isiolo District, with family ties and no negative attributes reported. The prosecution's sole ground of objection, that the accused lacked a fixed abode and was a flight risk, was not supported by evidence. No other factors such as risk of interference with witnesses or negative character traits were established. Therefore, the accused was not considered a flight risk and no sufficient grounds existed to deny bond. The court exercised its discretion to grant bond with specified terms.
Court Disposition
Bond granted to the accused pending trial.
Orders
- The accused is granted bond of KShs.250,000 with a surety of the same amount or cash bail of KShs.75,000.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 55 OF 2014
REPUBLIC.......................................................... PROSECUTOR
VERSUS
JOHN LOKOMOI .........................................................ACCUSED
RULING
The applicant herein, John Lokomoi is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He has filed an application dated 19/4/2016 seeking to be released on bond pending the hearing of this case. He has sworn a supporting affidavit in respect thereof where he contends that he is innocent till proven guilty; that he is not a flight risk as he has a fixed abode and is willing to abide by all the terms/conditions that the court may impose.
The State opposed the application and the Investigations Officer, PC Isaac Muthomi swore an affidavit to the effect that the accused has no fixed abode and hence a flight risk. That was the only ground advanced by the prosecution. The primary consideration in such an application is whether the accused will turn up for his trial.
This court called for a probation officer’s report. In the report, the probation officer found that the accused hails from Checheles Sub-Location in Isiolo District; that he has siblings who reside there, has a wife and children. The officer made enquiries from the local administration and the community. In my considered view, the accused has a fixed abode and therefore not a flight risk.
The other considerations in an application for bond is whether accused will interfere with witnesses, accused’s character and antecedents and the seriousness of the offence.
The Probation Officer’s report did not point to any negative attributes that would warrant this court to deny the accused person bond. In the result, I will grant accused person bond of KShs.250,000/= plus a surety of the same amount or cash bail of KShs.75,000/=.
DATED, SIGNED AND DELIVERED THIS 12TH DAY OF SEPTEMBER, 2016.
R.P.V. WENDOH
JUDGE
12/9/2016
PRESENT
Mr. Mulochi for the State
Ms. Nelima for Accused
Ibrahim/Peninah, Court Assistants
Present, Accused