[2020] KEHC 1125 (KLR)
The court found that the allegations of breach of bail conditions by the accused, as deposed in the affidavit by the deceased's father, were serious and required a formal response from the Director of Public Prosecution. The court declined to make a final determination on the alleged breach in the absence of a...
Source-derived case information.
- Citation
- [2020] KEHC 1125 (KLR)
- Parties
- Respondent: Republic; Applicant: Lyko Osuri; MISSING: Beryl Adhiambo Ouma (deceased); MISSING: Douglas Ouma Nyakach
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2019
- Procedural Posture
- Criminal Case / Bail Variation/ruling on Alleged Breach of Bail Terms
- Outcome
- Further directions to be given after DPP responds to affidavit; no final orders on bail at this stage.
- Judges
- MM Kasango
- Legal Topics
- Bail Conditions, Breach of Bail, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Lyko Osuri
Applicant
Beryl Adhiambo Ouma (deceased)
MISSING
Douglas Ouma Nyakach
MISSING
Procedural Posture
Criminal Case / Bail Variation/ruling on Alleged Breach of Bail Terms
Legal Issues
- 1 Whether the accused violated the terms of his bail as alleged in the affidavit by the deceased's father.
- 2 Whether the court should take action regarding the alleged breach of bail conditions.
Ratio Decidendi
The court found that the allegations of breach of bail conditions by the accused, as deposed in the affidavit by the deceased's father, were serious and required a formal response from the Director of Public Prosecution. The court declined to make a final determination on the alleged breach in the absence of a response from the prosecution, emphasizing the need for all parties to be heard before any adverse action is taken. The court therefore directed the DPP to respond to the affidavit before further directions are issued, upholding the principles of fairness and due process.
Court Disposition
Further directions to be given after DPP responds to affidavit; no final orders on bail at this stage.
Orders
- Director of Public Prosecution to respond to the affidavit of the deceased's father before further directions are issued.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO 16 OF 2019
REPUBLIC....PROSECUTOR
VERSUS
LYKO OSURI........ACCUSED
R U L I N G
Lyko Osuriis charged with Murder of Beryl Adhiambo Ouma deceased. He pleaded not guilty and is awaiting his trial. On 6th June 2019 the court granted the Accused bail pending trial on the following terms:
(a) The Accused to execute a bond of KShs.500,000 and to furnish three sureties for the sum of KShs.300,000 each.
(b) The Accused to deposit into court his Kenyan passport to be retained during the pendency of the trial.
(c) The Accused will attend monthly mentions before the Deputy Registrar until further orders of the court.
(d) The Accused may not directly or through proxy or in any manner attempt to reach out to or communicate with any of the prosecution’s witnesses.
(e) The Accused’s bond will be liable to cancellation if the Accused violates conditions (c) and (d) above.
There is an affidavit dated 19th August 2020 filed in this matter by Douglas Ouma Nyakach the father of the deceased. The depositions in that affidavit are very damning to the Accused in that the deponent alluded to Accused having violated the terms of his bail. It is unfortunate that when I asked both counsel for the state and for the Accused to respond to the affidavit only the Accused gave information relating to the allegations in that affidavit. The state despite the matter being adjourned to enable for comment on it did not file any response.
The deponent of the affidavit referred to the investigating officer of this case, Nicholas Kwanyoike as having knowledge and witnessed that violation of bail terms by the accused.
Because this court takes very grave view of what is alleged at the reading of this Ruling I will require the Director of Public Prosecution (DPP) to respond to the deceased’s father’s affidavit. Further directions will be given by the court at the reading of this Ruling.
SIGNED AND DELIVERED VIRTUALLY THIS 10TH DAY OF DECEMBER 2020.
MARY KASANGO
JUDGE
10th December 2020
Before Justice Mary Kasango
C/A: - Kevin
Accused: Lyko Osuri - Present
For Accused: - Mr. Oronga
For the State: - Mr. Kasyoka
Mr. Okerosi for family of victim
COURT
Ruling virtually delivered in their presence.
MARY KASANGO
JUDGE