[2016] KEHC 4008 (KLR)
The court, having reviewed the pre-bail reports and found no compelling reasons to deny bail, determined that the accused persons are entitled to bail pending trial. The court emphasized that bail terms must be sufficient to secure the accused persons' attendance at trial and to remind them of their obligations as...
Source-derived case information.
- Citation
- [2016] KEHC 4008 (KLR)
- Parties
- Applicant: Republic; Defendant: Michael Ochieng Onyango; Defendant: Evans Ochieng Rachar; Defendant: Michael Otieno Nyadhigo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 91 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted with conditions.
- Legal Topics
- Bail Pending Trial, Murder Charge, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Michael Ochieng Onyango
Defendant
Evans Ochieng Rachar
Defendant
Michael Otieno Nyadhigo
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial for the offence of murder.
Ratio Decidendi
The court, having reviewed the pre-bail reports and found no compelling reasons to deny bail, determined that the accused persons are entitled to bail pending trial. The court emphasized that bail terms must be sufficient to secure the accused persons' attendance at trial and to remind them of their obligations as persons under the custody of the court. Accordingly, the court set bond and cash bail terms, with a caution regarding court attendance and conduct to prevent subversion of justice.
Court Disposition
Bail granted with conditions.
Orders
- Each accused shall be released upon executing a bond of KES 1,000,000 with one surety of similar amount, or in the alternative, pay cash bail of KES 300,000.
- Accused persons must attend court as required; failure to do so will attract severe penalties.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 91 OF 2015
REPUBLIC …………………………………………………...PROSECUTOR
VERSUS
MICHAEL OCHIENG ONYANGO……………..……………….1ST ACCUSED
EVANS OCHIENG RACHAR…………………………………..2ND ACCUSED
MICHAEL OTIENO NYADHIGO…………....…………………..3RD ACCUSED
RULING
The three accused persons came to this court seeking to be released on bond/bail pending the hearing and determination of this case. The three are charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that the three jointly with others not before the court killed Rodgers Omunyokho Agol on 19th September 2015 at NACICO Plaza along Ladhies Road in Nairobi within Nairobi County. In a ruling delivered on 26th April 2016, this court allowed their respective applications and deferred setting of bail terms until after receiving pre-bail reports on each of them from the probation officer. This court has now received those reports.
I have carefully read the reports and I am satisfied with the details supplied in respect of each accused person. Terms and Conditions of bond/bail are normally set to secure the attendance to court of an accused person and also to remind him/her that he is an accused before the court and that he/she is under the custody of the court and is required to attend court for his/her trial until the same is fully heard and determined. Bearing this in mind, I hereby order that each of the accused persons shall:
i. Be released upon executing a bond of Kenya shillings one million (Kshs 1,000,000) with one suitable surety of similar amount, or
ii. In the alternative to pay cash bail of Kenya shillings three hundred thousand (Kshs 300,000).
iii. They are reminded that court attendance is crucial and failure to attend court on the days the case is fixed by the court for hearing or mention will attract severe penalties.
iv. They are also cautioned against behaving in any manner that may amount to subversion of justice in respect of this case.
Orders shall issue accordingly.
Dated, signed and delivered this 12th day of July 2016.
S. N. Mutuku
Judge