[2013] KEHC 3036 (KLR)
The court found that there were no compelling reasons presented by the prosecution to justify denial of bail to the accused persons, who are charged with murder. The prosecution did not file any affidavit or present evidence to oppose the application. The accused demonstrated willingness to attend court and had...
Source-derived case information.
- Citation
- [2013] KEHC 3036 (KLR)
- Parties
- Applicant: Mary Akinyi Ngesa; Applicant: Stephen Odhiambo Obonyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 27 of 2013
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted pending trial
- Judges
- EM Muriithi
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Akinyi Ngesa
Applicant
Stephen Odhiambo Obonyo
Applicant
Republic
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny bail under the Constitution.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to justify denial of bail to the accused persons, who are charged with murder. The prosecution did not file any affidavit or present evidence to oppose the application. The accused demonstrated willingness to attend court and had suitable sureties offering substantial security. In the absence of any compelling reasons, the constitutional right to bail prevails, and the accused are entitled to be released on bail pending trial, subject to conditions set by the court.
Court Disposition
bail granted pending trial
Orders
- Each accused to execute a bond of KES 300,000.
- Each accused to provide one surety for KES 300,000.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 27 OF 2013
REPUBLIC …………………………………………………….…………..……. PROSECUTOR
-VERSUS-
MARY AKINYI NGESA …………………………..………………..…………. 1ST ACCUSED
STEPHEN ODHIAMBO OBONYO ……………..……………….…………….2ND ACCUSED
RULING
The accused persons who are charged with murder contrary to section 203 as read with section 204 of the Penal Code seeks to be released on bail pending trial.
In arguing the application for bail, counsel for the accused/applicant submitted that the accused persons both aged 27 and on retro-viral HIV treatment with young children aged 10, 8 and 5 for the 1st accused and 4 years for the 2nd accused, undertook to attend court whenever required to do so.
Counsel for the state, Mr. Majale confirmed that the state had no compelling reasons why the accused should not be released on bail. No affidavit in response to bail was filed.
On examination by the court, the accused confirmed that they each had a person to stand surety for them, the father in the case of the 1st accused who offered his 3 acre parcel of land and a brother in the case of the 2nd accused who offered his 4 acre piece of land.
In the absence of any compelling reasons for the refusal of bail, the accused are released on bail pending trial on terms that:
The accused to execute a bond of kshs. 300,000/=
The accused to provide (1) surety for the similar amount of kshs. 300,000/=
The Accused shall not to leave the jurisdiction of the court without permission of the court.
Accused to attend to the Deputy Registrar of the court ever 30 days pending the hearing and determination of the trial.
Dated and delivered this 29th day of MAY 2013.
…………………………………………………
EDWARD M. MURIITHI
JUDGE
In the presence of: -
Mr. Okenye for the Accused
Miss Cheruiyot for the State
Mr. Edwin Mongare Court Clerk
…………………………………………………
EDWARD M. MURIITHI
JUDGE