[2024] KEHC 1990 (KLR)
The court found that the circumstances which previously justified denial of bail—namely, a hostile environment at home and concerns for the accused persons' safety—had changed. The fresh pre-bail reports indicated that the deceased had been buried, the accused persons' families had returned home, and the risk of...
Source-derived case information.
- Citation
- [2024] KEHC 1990 (KLR)
- Parties
- Applicant: Republic; Respondent: Kevin Ongoro; Respondent: Joseph Ongoro Wanjala; Respondent: Semi Onduodo
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E020 of 2023
- Procedural Posture
- Criminal Case / Ruling on Renewed Bail Application After Close of Prosecution Case
- Outcome
- Bond granted to all accused persons.
- Judges
- WM Musyoka
- Legal Topics
- Bail Application, Murder Charge, Pre Bail Reports, Compelling Reasons, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kevin Ongoro
Respondent
Joseph Ongoro Wanjala
Respondent
Semi Onduodo
Respondent
Procedural Posture
Criminal Case / Ruling on Renewed Bail Application After Close of Prosecution Case
Legal Issues
- 1 Whether there are compelling reasons to deny the accused persons bond pending trial.
- 2 Whether the safety of the accused persons can be guaranteed if released on bond.
Ratio Decidendi
The court found that the circumstances which previously justified denial of bail—namely, a hostile environment at home and concerns for the accused persons' safety—had changed. The fresh pre-bail reports indicated that the deceased had been buried, the accused persons' families had returned home, and the risk of retaliation had subsided. The prosecution did not oppose the renewed application for bond. The court concluded that there were no compelling reasons to continue denying the accused persons their constitutional right to bail. Accordingly, the court admitted each accused person to bond of Kshs. 400,000 with one surety of like amount.
Court Disposition
Bond granted to all accused persons.
Orders
- Each accused person is admitted to bond of Kshs. 400,000 with one surety of like amount.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Ongoro & 2 others (Criminal Case E020 of 2023) [2024] KEHC 1990 (KLR) (1 March 2024) (Ruling)
Neutral citation: [2024] KEHC 1990 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E020 of 2023
WM Musyoka, J
March 1, 2024
Between
Republic
Prosecution
and
Kevin Ongoro
1st Accused
Joseph Ongoro Wanjala
2nd Accused
Semi Onduodo
3rd Accused
Ruling
1. The 3 accused persons face a murder charge. They denied the offence, and were remanded in custody.
2. They applied for bond/bail, on their arrangement on 19th October 2023, but that application was rejected, in a ruling delivered on 27th October 2023, on various grounds, including the environment at home being hostile, hence their safety could not be assured.
3. The application was renewed on 7th November 2023, and I called for pre-bail reports, and the same was filed. I still denied bond, in a ruling delivered on 27th November 2023, as the pre-bail reports indicated that the ground was still hostile, as the remains of the deceased were yet to be buried, and there was potential for trouble.
4. The prosecution case commenced on 7th November 2023 and closed on 30th November 2023. I put the accused on their defence, by a ruling, dated 16th February 2024. The application for bond was renewed. The prosecution did not oppose it, save that it called for fresh pre-bail reports.
5. Fresh pre-bail reports were filed on 27th February 2024. I have gone through them. They are generally favourable. The body of the deceased has been interred. Members of the family of the accused, who had fled their homes for fear of retaliation, have gone back. It is reported that the safety of the accused would be guaranteed, if admitted to bond. I note too that the prosecution closed its case.
6. As there are not compelling reasons to deny bond, and the prosecution is not opposed to it, I hereby admit the 3 accused persons to bond, of Kshs. 400,000. 00 each, with 1 surety of like amount for each.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 1ST DAY OF MARCH 2024WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMs. Chepkonga, instructed by the Director of Public Prosecutions, for the Republic.Mr. Ouma, Advocate for the accused persons.