[2015] KEHC 3352 (KLR)
The court found that the accused is constitutionally entitled to bond unless compelling reasons are shown to deny it. The State did not oppose the application, and the pre-bail assessment report indicated the accused is likely to comply with bond terms and attend court. The court considered the need to balance the...
Source-derived case information.
- Citation
- [2015] KEHC 3352 (KLR)
- Parties
- Respondent: Republic; Accused: Meshack Onyando Onchiri
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Accused granted bond with conditions.
- Judges
- CB Nagillah
- Legal Topics
- Bail and Bond, Murder Charge, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Meshack Onyando Onchiri
Accused
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to release on bond pending trial.
- 2 Whether there are compelling reasons to deny bond to the accused.
- 3 How to balance the constitutional rights of the accused and the victim's family in bond determinations.
Ratio Decidendi
The court found that the accused is constitutionally entitled to bond unless compelling reasons are shown to deny it. The State did not oppose the application, and the pre-bail assessment report indicated the accused is likely to comply with bond terms and attend court. The court considered the need to balance the rights of the accused and the victim's family but found no compelling reason to deny bond. Accordingly, the accused was granted release on a personal bond of Ksh.1,000,000 with two sureties of similar amount, subject to monthly court attendance and compliance with bond conditions.
Court Disposition
Accused granted bond with conditions.
Orders
- Accused released on a personal bond of Ksh.1,000,000 with two sureties of similar amount, to be approved by the Deputy Registrar.
- Accused to attend court every month for mention of the case until hearing and disposal or further orders.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.13 OF 2015
REPUBLIC
VERSUS
MESHACK ONYANDO ONCHIRI - ACCUSED
RULING
This is an oral application for the accused person to be released on bond pending the hearing and determination of his/her case.
The accused person is charged for murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are as follows: On the 25th day of March 2015 at Bomuri village, Kanyimbo Location in Gucha Sub-county within Kisii County in the Republic of Kenya, jointly with others not before court, murdered Joseph Makori Nyatundo.
The right to bond/bail is a constitutional right as envisaged by the Constitution. Article 49(1) says: “An arrested person has a right (h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.”
The State is not opposing this application.
In the pre-bail assessment report filed on 25th May 2015, the accused is aged 37 years and married. He has three children. His family members are ready to stand surety for him. The accused is ready to comply with bond terms and attend court.
As the accused person has a constitutional protection, the victim’s family also has a constitutional protection. It is therefore incumbent upon the court to balance the rights of the accused persons and the rights of the victim family in the issuance of the bond/bail to the accused person.
In the light of the State’s submission above and in the light of the pre-bail assessment report above referred to, this court, bearing in mind the Constitutional rights of all the parties and the need for the accused person to attend court at his trial, this court, accordingly, will release the accused person on a personal bond in terms following:
A personal bond of Ksh.1,000,000/= with two sureties of similar amount. The same be approved by the Deputy Registrar of this court, on conditions that:
He attends court every month for mention of his case until the hearing and disposal of his case or until further court orders.
The first such mentioned to be on 24th August 2015.
Any one default, the bond will be immediately cancelled and the sureties made to account.
It is so ordered.
Dated, signed and delivered in open court at Kisii this 31st day of July 2015
HON. C. B. NAGILLAH
JUDGE
In the presence of:
Sepele for State
M/S Sagwe holding brief for M/S Miencha for Accused
Samuel Omuga: court clerk