[2015] KEHC 2437 (KLR)
The court found that the accused is entitled to bond as a constitutional right under Article 49(i)(h) of the Constitution. There were no compelling reasons presented by the State to deny bond, and the pre-bail assessment report was favourable to the accused. The State did not oppose the application. Therefore, the...
Source-derived case information.
- Citation
- [2015] KEHC 2437 (KLR)
- Parties
- Respondent: Republic; Applicant: Joseph Kimonge Maranga
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Bond granted to accused pending trial.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joseph Kimonge Maranga
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(i)(h) of the Constitution.
Ratio Decidendi
The court found that the accused is entitled to bond as a constitutional right under Article 49(i)(h) of the Constitution. There were no compelling reasons presented by the State to deny bond, and the pre-bail assessment report was favourable to the accused. The State did not oppose the application. Therefore, the court exercised its discretion to grant bond to the accused on reasonable terms, subject to conditions ensuring attendance at court and compliance with bond terms.
Court Disposition
Bond granted to accused pending trial.
Orders
- The accused shall be released on a personal bond of Ksh.1,000,000 with two sureties of a similar amount, subject to approval by the Deputy Registrar.
- The accused shall attend court for mention of the case every month until hearing and disposal 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 CASE NO.40 OF 2015
REPUBLIC - PROSECUTOR
VERSUS
JOSEPH KIMONGE MARANGA - ACCUSED
RULING
The accused person, through his counsel Mr. Ondari on 15th July 2015 applied to be released on bond pending the hearing and determination of his case.
The accused was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on 14th July 2015 at Masimba Township in Masaba South District within Kisii County in the Republic of Kenya, murdered RASHID MICHAEL ENANE.
The accused person has a right to bond as envisaged by the Constitution in Article 49 (i) (h) which stipulates as follows:
“An arrested person has a right to be released on bond or bail, on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released.”
The State is not opposed to the accused being released on bond. The pre-bail assessment report filed on 21st August 2015 is favourable to him.
Accordingly, this court orders that the accused person be released on bond in the following terms:
A personal bond of Ksh.1,000,000/00 with two (2) sureties of a similar amount. The said bond shall be approved by the Deputy Registrar of this court on condition that;
The accused person attends court for mention of this case every month until the hearing and disposal of this case or until further orders of the court.
The first such mention shall be on 2nd November, 2015.
In the event of any one default, the bond shall be immediately cancelled and the sureties made to account.
It is so ordered.
Dated, signed and delivered in open court at Kisii this 1st day of October, 2015
HON. W. A. OKWANY
JUDGE
In the presence of:
Mr. Boiyon for State
M/S Bigogo for Accused
Mr. Kamula: Court clerk