[2014] KEHC 358 (KLR)

[2014] KEHC 358 (KLR)

The court found that, although murder is a bailable offence under the Constitution, the pre-bail assessment report indicated that the community was vehemently hostile towards the first accused, Jovensia Gechemba Ratemo, as evidenced by the destruction of her property. The court determined that her safety would be compromised if released on bond. In the absence of a comprehensive response from the state regarding the other accused, and given the volatile situation on the ground, the court exercised its discretion to deny bond for all accused persons, prioritizing the safety of the accused and public order until the hearing and determination of the case.

Citation
[2014] KEHC 358 (KLR)
Parties
Applicant: Jovensia Gechemba Ratemo; Applicant: Toel Maeba Onsati; Applicant: George Nyakundi alias Guto; Applicant: Charles Makori Ontonyi; Respondent: Republic
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Judgment Date
15 December 2014
Case Number
Criminal Case 29 of 2014
Procedural Posture
Criminal Case / Ruling on Bond Application
Outcome
Bond application denied for all accused persons.
Legal Topics
Murder Charge, Bail and Bond, Compelling Reasons, Pre Bail Assessment, Constitutional Rights
Source Language
English
Criminal Law Murder Charge Bail and Bond Compelling Reasons Pre Bail Assessment Constitutional Rights

Case Brief

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Parties

Jovensia Gechemba Ratemo

Applicant

Toel Maeba Onsati

Applicant

George Nyakundi alias Guto

Applicant

Charles Makori Ontonyi

Applicant

Republic

Respondent

Procedural Posture

Criminal Case / Ruling on Bond Application

Legal Issues

  1. 1 Whether the accused persons should be granted bond pending trial for the offence of murder.
  2. 2 Whether there are compelling reasons to deny bond as required under Article 49(1)(h) of the Constitution.

Ratio Decidendi

The court found that, although murder is a bailable offence under the Constitution, the pre-bail assessment report indicated that the community was vehemently hostile towards the first accused, Jovensia Gechemba Ratemo, as evidenced by the destruction of her property. The court determined that her safety would be compromised if released on bond. In the absence of a comprehensive response from the state regarding the other accused, and given the volatile situation on the ground, the court exercised its discretion to deny bond for all accused persons, prioritizing the safety of the accused and public order until the hearing and determination of the case.

Court Disposition

Bond application denied for all accused persons.

Orders

  • The application for bond by all accused persons is declined.
  • The accused persons shall remain in custody until the hearing and determination of their case.