[2016] KEHC 4829 (KLR)
The court held that bond is a constitutional right under Article 49(1)(h) of the Constitution of Kenya. Since the prosecution did not present any compelling reasons to oppose the application, the accused is entitled to be released on bond pending trial. The court therefore allowed the application and set the terms...
Source-derived case information.
- Citation
- [2016] KEHC 4829 (KLR)
- Parties
- Respondent: Republic; Applicant: Matundura Nyamweya
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Application for bond allowed.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Constitutional Rights, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Matundura Nyamweya
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
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.
Ratio Decidendi
The court held that bond is a constitutional right under Article 49(1)(h) of the Constitution of Kenya. Since the prosecution did not present any compelling reasons to oppose the application, the accused is entitled to be released on bond pending trial. The court therefore allowed the application and set the terms for release, emphasizing the accused's obligation to attend court as required.
Court Disposition
Application for bond allowed.
Orders
- The accused may be released upon executing his own personal bond of Kshs. 500,000 with two sureties of a similar amount.
- Upon release, the accused shall appear in court whenever required until the case is heard and determined or until further orders of the court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 11 OF 2016
REPUBLIC…………………..……………………………..PROSECUTOR
VERSUS
MATUNDURA NYAWEYA………………..……………..……….ACCUSED
RULING
The accused person herein MATUNDURA NYAMWEYA, is charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that on 13th April, 2016 at Sameta Sub-county within Kisii County murdered KASHMIR ONSARI MARIERA. The accused pleaded not guilty to the charge and is currently awaiting his trial.
On 23rd May, 2016, the accused, through his advocate Mr. Magara, applied to be released on bond pending his trial. Mr. Otieno, counsel for the state, informed the court that the state had no compelling reasons for opposing the bond application.
In view of the above application and considering that bond is now a Constitutional right of every arrested person under Article 49 (1) (h), I allow the said application for bond on the following terms:-
a. The accused may be released upon executing his own personal bond of Kshs. 500,000/=with 2 sureties of a similar amount.
b. Once he is released on bond, he shall appear in court whenever he is required to do so by the Honourable Court until the case is heard and determined or until further orders of this Honourable Court.
c. In default of (2) above, the bond shall be cancelled immediately and the sureties taken to account.
Delivered, dated and signed in at Kisii on 30th day of May, 2016.
W.A. OKWANY
JUDGE
In the presence of:
- Otieno for the State
- Mr. Magara for the Accused
- Omwoyo court clerk