[2016] KEHC 6663 (KLR)
The court found that, although the right to bond is constitutionally guaranteed, the Probation Officer's pre-bail report provided compelling reasons to deny bond at this time. The report highlighted that the community at the accused's home remained volatile and hostile, with a real risk of revenge against the...
Source-derived case information.
- Citation
- [2016] KEHC 6663 (KLR)
- Parties
- Respondent: Republic; Applicant: Michael Osoro Ogari
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 36 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Application for bond dismissed with liberty to renew.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Michael Osoro Ogari
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused should be granted bond pending trial in light of the prevailing circumstances.
- 2 Whether there are compelling reasons to deny the accused bond as required by the Constitution.
Ratio Decidendi
The court found that, although the right to bond is constitutionally guaranteed, the Probation Officer's pre-bail report provided compelling reasons to deny bond at this time. The report highlighted that the community at the accused's home remained volatile and hostile, with a real risk of revenge against the accused if released. The court determined that these circumstances outweighed the accused's right to bond, making him unsuitable for release at present. However, the court left open the possibility for the accused to renew his application should the situation on the ground improve.
Court Disposition
Application for bond dismissed with liberty to renew.
Orders
- The application for bond is dismissed for now.
- The accused may renew his application for bond in the future if circumstances change.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.36 OF 2015
REPUBLIC...................................PROSECUTOR
VERSUS
MICHAEL OSORO OGARI......................CCUSED
RULING
The accused herein, MICHAEL OSORO OGARI, is charged with the offence of Murder contrary to Section 203as read withSection 204 of the Penal Code.
The particulars of the charge are that on the night of 20th June 2015, at Nyamemiso sub-location in Kisii Central District within Kisii County murdered ESTHER BOSIBORI KENNEDY.
The accused pleaded not guilty to the charges and is awaiting trial.
On 30th June 2015 the accused made an oral application for bond pending his trial. The state did not oppose the accused’s application but the Probation Officer’s pre-bail assessment report filed in court on 27th October 2015 stated that the situation on the ground is still volatile as the community back at the accused’s home were still very bitter with him.
According to the said report, accused’s own grandmother was skeptical about his being released on bond in view of the possibility of the victim’s family revenging on him.
I note that in the above scenario, even though bond is a constitutional right of every accused person in line with Article 49 (1) (h) of the Constitution, the accused person in this case is not a suitable candidate to be released on bond at the moment.
I am convinced that the Probation Officer’s pre-bail report has raised compelling reasons to deny the accused bond.
Accordingly, I dismiss the said application for bond for now, but add that the accused may renew his application for bond in future should the tempers on the ground cool down.
It is so ordered.
Dated, signed and delivered in open court this 20th January 2016
HON. W. OKWANY
JUDGE
In the presence of:
Otieno for the State
Accused in person
Omwoyo: court clerk