[2015] KEHC 5783 (KLR)
The court found that the State failed to provide any compelling reason to deny the accused her constitutional right to bail. In the absence of such reasons, the accused is entitled to be released on bond pending trial. The court therefore allowed the application for bond, setting reasonable conditions to ensure the...
Source-derived case information.
- Citation
- [2015] KEHC 5783 (KLR)
- Parties
- Respondent: Republic; Applicant: Margaret Kerubo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 101 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- application for bond allowed
- Judges
- J Wakiaga
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Margaret Kerubo
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under the Constitution.
- 2 Whether the State has provided compelling reasons to deny bail.
Ratio Decidendi
The court found that the State failed to provide any compelling reason to deny the accused her constitutional right to bail. In the absence of such reasons, the accused is entitled to be released on bond pending trial. The court therefore allowed the application for bond, setting reasonable conditions to ensure the accused's attendance at trial and to prevent interference with witnesses.
Court Disposition
application for bond allowed
Orders
- The accused is released on bond of Kshs.500,000 with three sureties of similar amount.
- The accused shall attend mention before the Deputy Registrar of this court once every 30 days, with the first mention on 20/4/2015.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.101 OF 2014
REPUBLIC …........................................................... PROSECUTOR
VERSUS
MARGARET KERUBO …................................................. ACCUSED
RULING
1. The accused is charged with the offence of murder of her husband. The State has not provided any compelling reason to enable the court deny the accused her constitutional right. I would therefore allow the application and order that the accused be released on bond pending trial upon the following terms:-
1)Bond of Kshs.500,000/= with three (3) sureties of similar amount.
2)The accused shall attend mention before the D/R of this court once after every 30 days with the first such mention being 20/4/2015.
3)The accused shall not interfere with any of the prosecution witnesses and shall not be in contact with them in a manner that is likely to interfere with their attendance in court.
4)The accused shall be reporting to the Area Chief on the last Thursdays of each month until the final determination of the case.
Dated and signed at Kisii this 18th day of March, 2015
J. WAKIAGA
JUDGE
18/3/2015