[2015] KEHC 6852 (KLR)
The court held that bail is a constitutional right and can only be denied if the prosecution demonstrates compelling reasons. In this case, the State did not file any affidavit or provide evidence of compelling reasons to deny bail. The prebail assessment report recommended release on bond, and the court found no...
Source-derived case information.
- Citation
- [2015] KEHC 6852 (KLR)
- Parties
- Applicant: Republic; Defendant: Mike Oroni Nyanchoka
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 94 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Accused admitted to bond with terms.
- Judges
- J Wakiaga
- Legal Topics
- Bail Application, Pretrial Release, Compelling Reasons, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mike Oroni Nyanchoka
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny bail to the accused.
Ratio Decidendi
The court held that bail is a constitutional right and can only be denied if the prosecution demonstrates compelling reasons. In this case, the State did not file any affidavit or provide evidence of compelling reasons to deny bail. The prebail assessment report recommended release on bond, and the court found no reason to depart from this recommendation. The seriousness of the charge (murder) and the potential sentence (death) were considered, but in the absence of compelling reasons, the accused was entitled to bail. The court therefore admitted the accused to bond with specified terms.
Court Disposition
Accused admitted to bond with terms.
Orders
- Accused admitted to bond of Kshs.300,000 with one surety of similar amount.
- In the alternative, cash bail of Kshs.150,000.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 94 OF 2013
REPUBLIC …......................................................... APPLICANT
VERSUS
MIKE ORONI NYANCHOKA ….................................. ACCUSED
20/1/2015
Before J. Wakiaga, J.
Bibu – cc
N/A by Mr. Okenye for the Accused
Accused in personally
Mr. Majale for the State
Court Ruling
The accused faces the charge of murder. He has pleaded not guilty to the said charges and he is at other point in line considered innocent until proven guilty. Bail is now a constitutional right under Article 50 of the Constitution and can only be denied where there are compelling reasons.
The state has not filed any affidavit to provide the court with compelling reasons to deny the accused bond.
To assist the court in making a determination on the bond application, the court ordered for prebail assessment report which has been filed and in which they have recommended that the accused be released on bond.
Though the prebail report is not binding upon the court, the emerging jurisprudence in the Kenyan court and of which I associate myself with is that the same acts as a guide to the court in determining the suitability of an accused person to be admitted to bond.
There being no compelling reasons to deny the accused bond, I would therefore admit the same to bond on the following terms taking into account that he faces a charge of murder where the available sentence if proved guilty is death:
Bond of Kshs.300,000/= with one (1) surety of similar amount.
In the alternative cash bail of Kshs.150,000/=.
The accused person to attend mention before the D/R of this court once every 30 days at a date to be set by the D/R while approving bond terms.
The accused person shall not leave the jurisdiction of this court without written consent of the D/R.
The matter to be mentioned on 20/2/2015 for purposes of fixing a hearing date.
J. WAKIAGA
JUDGE
20/1/2015