[2013] KEHC 7075 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bond. The right to bond is constitutionally guaranteed under Article 49(1)(h), and the State did not oppose the application. The court emphasized that any conditions imposed must be reasonable and sufficient to...
Source-derived case information.
- Citation
- [2013] KEHC 7075 (KLR)
- Parties
- Respondent: Republic; Defendant: Paul Otieno Olum
- Court
- High Court
- Court Station
- High Court at Nyandarua
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond granted with conditions.
- Legal Topics
- Murder Charge, Bail and Bond, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Paul Otieno Olum
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the accused bond under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bond. The right to bond is constitutionally guaranteed under Article 49(1)(h), and the State did not oppose the application. The court emphasized that any conditions imposed must be reasonable and sufficient to secure the accused's attendance at trial. Therefore, the accused was granted bond with specific terms, including execution of a bond of Kshs. 3 million and provision of two substantial sureties of similar amount, with sureties to be examined and approved by the Deputy Registrar. The accused is also required to attend court for monthly mentions pending trial.
Court Disposition
Bond granted with conditions.
Orders
- The accused shall execute a bond of Kshs. 3 million and furnish the court with two substantial sureties of similar amount.
- The sureties shall be examined and approved by the Deputy Registrar.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
Cases in Magistrate Courts
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REPUBLIC………………………………….………PROSECUTOR
V
PAUL OTIENO OLUM……………………….……….….ACCUSED.
RULING
The accused is charged with murder c/sec 203 as read with S. 204 of the Penal Code. The particulars are that on 4. 9.2010 at Kakelo Kamroth Sub Location in Rachuonyo South District within Homa Bay County he murdered Emmaculate Atieno Onyonga.
He denied the charge and has through his Advocate Miss Nekesa applied to be released on bond pursuant to Article 49(1) (h) of the Constitution.
The State did not oppose. The court was only urged to impose conditions that will ensure that the accused person will not abscond. It is therefore my finding that there are no compelling reasons not to release the accused person. Moreover the conditions imposed ought to be reasonable. Accordingly I do grant bond to the accused person on the following terms.
1. That he shall execute a bond of Kshs.3 million and furnish the court with 2 substantial sureties of similar amount.
2. The sureties be examined and approved by the Deputy Registrar.
3. That pending his trial the accused person shall attend court for mention once every month the first such mention being on 31. 5.2013.
4. Hearing on 18. 6.2013.
Signed and delivered at Homa Bay this 3rd day of May, 2013.
E.N. MAINA
JUDGE.
In the presence of:
Miss Valery for the Republic
Miss Nekesa for the Accused.
Eudice Okombo Dholuo interpreter.
Accused person.