[2013] KEHC 7078 (KLR)
The court found that there were no compelling reasons to deny the accused bond. The right to bond is constitutionally guaranteed under Article 49(1)(h), and the State did not oppose the application. The only concern was to ensure the accused's attendance at trial. The court therefore granted bond on terms it...
Source-derived case information.
- Citation
- [2013] KEHC 7078 (KLR)
- Parties
- Respondent: Republic; Defendant: Margaret Juma Omollo
- Court
- High Court
- Court Station
- High Court at Nyandarua
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond granted to the accused on specified terms.
- Legal Topics
- Bail and Bond, Pretrial Release, Constitutional Rights, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Margaret Juma Omollo
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bond pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bond.
- 3 What are reasonable conditions for the grant of bond to ensure attendance at trial.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bond. The right to bond is constitutionally guaranteed under Article 49(1)(h), and the State did not oppose the application. The only concern was to ensure the accused's attendance at trial. The court therefore granted bond on terms it considered reasonable, including the execution of a bond of Kshs.3 million with two substantial sureties of similar amount, subject to approval by the Deputy Registrar, and required the accused to attend court monthly for mention of her case.
Court Disposition
Bond granted to the accused on specified terms.
Orders
- The accused shall execute a bond of Kshs.3 million and furnish the court with two substantial sureties of similar amount.
- The sureties shall be examined and approved by the Deputy Registrar.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
Cases in Magistrate Courts
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REPUBLIC………………………………….…....………PROSECUTOR
V
MARGARET JUMA OMOLLO………………….…………….ACCUSED.
RULING
This is a ruling on the accused’s application for bond. The State did not oppose it and all that the court was urged was that the terms be such that the accused persons shall not abscond. There being no compelling reasons not to release the accused person and nothing that under Article 49 (1)(h) of the Constitution the conditions ought to be reasonable. Bond is granted to the accused person on the following terms:-
1. That the accused person shall execute a bond of Kshs.3 million and furnish the court with 2 substantial sureties of similar amount.
2. That the sureties shall be examined and approved by the Deputy Registrar.
3. That pending her trial, the accused person shall attend court once every month for the mention of her case the first such mention being on 30. 5.2013.
4. Hearing on26. 6.2013
Ruling dated, signed and delivered at Homa Bay this 3rd day of May, 2013.
E.N. MAINA
JUDGE.
In the presence of:
Eudice Okombo Dholuo interpreter.
Miss Valary for the Republic
Miss Nekesa.for the Accused.
Accused person.