[2024] KEHC 657 (KLR)
The court held that the bond terms previously set—Kshs. 500,000 with a surety of a similar amount—were appropriate and commensurate with the offence of murder as charged. The accused's inability to secure a surety did not, in itself, constitute sufficient grounds for varying the bond terms at this stage. The court...
Source-derived case information.
- Citation
- [2024] KEHC 657 (KLR)
- Parties
- Applicant: Republic; Defendant: Hillary Otieno Ochieng
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E017 of 2023
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Bond Terms
- Outcome
- Application for review of bond terms dismissed; existing bond terms to remain in force.
- Judges
- A. Ong’injo
- 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
Applicant
Hillary Otieno Ochieng
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Review of Bond Terms
Legal Issues
- 1 Whether the bond terms previously set for the accused should be reviewed to allow for a cash bail option.
- 2 Whether the accused's inability to secure a surety justifies a variation of the bond terms.
Ratio Decidendi
The court held that the bond terms previously set—Kshs. 500,000 with a surety of a similar amount—were appropriate and commensurate with the offence of murder as charged. The accused's inability to secure a surety did not, in itself, constitute sufficient grounds for varying the bond terms at this stage. The court emphasized that the primary consideration is the seriousness of the offence and the need to ensure the accused's attendance at trial. The court further noted that if, during the course of the trial, circumstances arise that justify a review of the bond terms, such an application could be considered. For now, the bond terms granted on 28th September 2023 remain in force.
Court Disposition
Application for review of bond terms dismissed; existing bond terms to remain in force.
Orders
- Bond terms of Kshs. 500,000 with surety of similar amount granted on 28th September 2023 remain in force.
- Application for cash bail option is declined.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Ochieng (Criminal Case E017 of 2023) [2024] KEHC 657 (KLR) (25 January 2024) (Ruling)
Neutral citation: [2024] KEHC 657 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E017 of 2023
A. Ong’injo, J
January 25, 2024
Between
Republic
Prosecutor
and
Hillary Otieno Ochieng
Accused
Ruling
1. The accused Hillary Otieno Ochieng’ faces a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code Cap 63 Laws of Kenya.
2. Particulars of the offence are that on the 23rd July 2023 at Jomvu Area, Changamwe Sub-County within Mombasa County, the accused person with another not before court jointly murdered Philip Rodi Opuk.
3. The accused person was arraigned in court on 28th August 2023 and processed for purpose of taking plea. The accused pleaded not guilty on 18th September 2023 and the court called for a Pre-Bail Report.
4. Upon receiving the Pre-Bail report dated 26th September 2023, and the affidavit by the Investigating Officer opposing bail, this court granted the accused person bond of Kshs. 500,000/- with surety of a similar amount.
5. On 29th November 2023, the accused person’s advocate applied for review of bond terms for reasons that the accused was unable to get security valued at Kshs. 500,000/- He prayed that the court gives an option of cash bail.
6. The bond terms were granted despite objection by the Investigating Officer and the brother of the deceased who was interviewed by the Probation Officer.
7. The bond terms granted are commensurate with the offence that the accused is alleged to have committed and if the accused person is not able to raise the security, the best that this court can do is to expedite the trial and consider in the course of trial whether there are any circumstances that are favourable to review of the bond terms. For now, the bond terms that were granted on 28th September 2023 will remain in force.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 25TH DAY OF JANUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Abdul- Court AssistantMr. Ngiri for the StateMr. Hamisi Salim Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGE