[2016] KEHC 2906 (KLR)
The court found that the accused was entitled to bond as a constitutional right under Article 49(1)(h) of the Constitution. Since the prosecution did not oppose the application and no compelling reasons were presented to deny bond, the court allowed the application. The accused was ordered to be released on his own...
Source-derived case information.
- Citation
- [2016] KEHC 2906 (KLR)
- Parties
- Respondent: Republic; Applicant: Paul Onkoba Nyakona
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2016
- Procedural Posture
- Criminal Case / Bond Application Ruling
- Outcome
- Application for bond allowed.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Paul Onkoba Nyakona
Applicant
Procedural Posture
Criminal Case / Bond Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bond pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bond.
Ratio Decidendi
The court found that the accused was entitled to bond as a constitutional right under Article 49(1)(h) of the Constitution. Since the prosecution did not oppose the application and no compelling reasons were presented to deny bond, the court allowed the application. The accused was ordered to be released on his own personal bond of Kshs. 500,000 with two sureties of a similar amount, subject to the condition that he attends court as required, failing which the bond may be cancelled and the sureties called to account.
Court Disposition
Application for bond allowed.
Orders
- The accused shall be released on his own personal bond of Kshs. 500,000 with two sureties of a similar amount.
- The accused shall attend court whenever required; failure to do so may result in cancellation of bond and sureties being called to account.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 19 OF 2016
REPUBLIC………………………..…….……..PROSECUTOR
VERSUS
PAUL ONKOBA NYAKONA……………......……..ACCUSED
RULING
1. PAUL ONKOBA NYAKONA, the accused person herein, faces the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. The particulars of the charge are that on 2nd July 2016 at Mogenda village in Gucha South Sub-County within Kisii County murdered DENNIS NYAKWEBA ORENGO.
3. The accused pleaded not guilty to the said charge on 12th July, 2016 and is currently awaiting his trial.
4. Soon after the plea was taken, Mr. Okemwa, learned counsel for the accused, applied for his release on bond pending his trial. Mr. Otieno, counsel for the states did not oppose the said application for bond.
5. In view of the above, and taking into consideration, the fact that the acused’s application for bond was not opposed, I hereby allow the application in line with the Provisions of Article 49 (1) (h) of the Constitution that guarantees every accused person the right to bond except where there are compelling reasons for not granting the same.
6. I therefore order that the accused be released on his own personal bond of Kshs. 500,000/= with 2 sureties of a similar amount.
7. Upon being released on bond, the accused shall attend court whenever he is required to do so failure of which his bond may be cancelled and the sureties called to account.
Delivered, dated and signed in at Kisii on 5thof September, 2016.
W.A. OKWANY
JUDGE
In the presence of:
- Mbelete for the State
- Kaburi for the Accused
- Omwoyo court clerk