[2014] KEHC 362 (KLR)
The court found that the accused, charged with murder, is entitled to bond under Article 49(1)(h) of the Constitution unless compelling reasons are shown to deny bond. The state did not oppose the application and did not present any compelling reasons. The pre-bail assessment report was favourable. Therefore, the...
Source-derived case information.
- Citation
- [2014] KEHC 362 (KLR)
- Parties
- Respondent: Republic; Applicant: Joshua Oreu Konyokie
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 110 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Application for bond allowed.
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joshua Oreu Konyokie
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny the accused bond.
Ratio Decidendi
The court found that the accused, charged with murder, is entitled to bond under Article 49(1)(h) of the Constitution unless compelling reasons are shown to deny bond. The state did not oppose the application and did not present any compelling reasons. The pre-bail assessment report was favourable. Therefore, the court allowed the application and granted the accused bond on reasonable conditions.
Court Disposition
Application for bond allowed.
Orders
- The accused is released on personal bond of KES 1,000,000 with two sureties of similar amount to be approved by the Deputy Registrar.
- Upon release, the accused shall attend court for mention of his case once a month until the case is heard and determined.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 110 OF 2012
REPUBLIC……………………….PROSECUTOR
VERSUS
JOSHUA OREU KONYOKIE…………ACCUSED
RULING
Mr. Kaburi, holding brief for Sagwe, counsel for the accused made an oral application on 23rd October, 2014 for bond for his client. Mr. Kaburi says the state was given up to 25th to file their response, to show cause why the accused may not be released on bond. Mr. Otieno for the state, on the other hand said although they are yet to file their response, the state has no compelling reason to oppose the application. In the other words, they were not opposing the application.
The accused is charged with the offence of murder under section 203 as read with section 204 of the Penal Code. The charge sheets states that on 23rd May, 2012 at Lolgorian Trading Centre in Transmara District within Narok County, Joshua Oreu Konyokie murdered Stephen Musiani. He denies the offence. He now applies for bond.
Article 49(1)(h) of the Constitution makes murder bailable, provided that there are no compelling reasons to deny bond. Otherwise bail pending a charge or trial, on reasonable conditions a prima facie allowable..
The pre-bail or pre-trial assessment report, which is in court, is favourable.
Accordingly, I allow the application and release the accused on personal bond of kshs. 1,000,000 with two sureties of similar amount to be approved by the Deputy Registrar of this court.
Upon his release, the accused shall attend court for mention of his case once a month until the case is heard and determined. The first such a mention shall be on 4th December, 2014.
Dated and delivered at KISII this 7th day of November, 2014.
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Omwega holding brief for Sagwe for the applicant.
State absent for the respondent.
Edwin Mongare Court clerk.