[2013] KEHC 596 (KLR)
The court found that the prosecution failed to provide any compelling reasons to deny the accused persons bond. The only concern raised was the environment at Mtwapa Kilifi, as indicated in the pre-bond report, which suggested that the accused persons should relocate if released. However, there was no evidence that...
Source-derived case information.
- Citation
- [2013] KEHC 596 (KLR)
- Parties
- Applicant: Republic; Defendant: Ann Nduku Kinondo; Defendant: Serah Kamene; Defendant: Peter Muasya
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- bond granted
- Judges
- GO Shikwe
- Legal Topics
- Bail and Bond, Pretrial Release, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ann Nduku Kinondo
Defendant
Serah Kamene
Defendant
Peter Muasya
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused persons are entitled to bond pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused persons bond.
- 3 Whether the environment of residence of the accused persons constitutes a compelling reason to deny bond.
Ratio Decidendi
The court found that the prosecution failed to provide any compelling reasons to deny the accused persons bond. The only concern raised was the environment at Mtwapa Kilifi, as indicated in the pre-bond report, which suggested that the accused persons should relocate if released. However, there was no evidence that the accused persons posed a flight risk or that their continued stay in the area would interfere with the administration of justice. The constitutional right to bond prevails in the absence of compelling reasons to the contrary. Consequently, the court ordered the release of each accused person on a bond of Ksh. 1 million with one surety of a similar amount.
Court Disposition
bond granted
Orders
- Each accused person may be released on a bond of Ksh. 1 million with one surety of similar amount.
- Hearing set for 12th March, 2014.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 31 OF 2012
REPUBLIC.....…...................................….. PROSECUTOR
VERSUS
ANN NDUKU KINONDO
SERAH KAMENE
PETER MUASYA ……….……...............…ACCUSEDS
RULING
An oral application for bond was made on the 25th July, 2013 in respect of the Accused persons. The prosecution asked for time so as to liase with the investigation officer with a view to finding out whether there was objection to the bond application. The Court did order for a pre-bond report on the Accused persons. The pre-bond report shows that Ann Nduku Kivondo is the mother of Peter Muasya (1st Accused ) and Sarah Kamene ( 3rd Accused).
The report further indicates that the environment where they had been staying is not conducive for their release unless they relocate to to other areas.
Article 49(1) (h) of the Constitution provides,
“An arrested person has the right to be released on bond or bail, on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released”.
Though the prosecution was given ample time to reply to the application for bond no reasons and or objection to bond has been made. The only reasons are those found in the report by the probation officer which are to the effect that the environment at Mtwapa Kilifi where this offence was committed is not conducive for their stay in that area but they can relocate to another area. It is not indicated that the Accused persons are a flight risk. I find no compelling reason has been adduced by the prosecution to deny them bond. Each Accused person may be released on a bond of Ksh. 1 million with one surety of similar amount.
Ruling delivered dated and signed this 11th day of December, 2013.
…....................
M. MUYA
JUDGE
11TH DECEMBER, 2013
In open Court in the presence of:-
Miss Odhiang for 2nd Accused
Mr. Ayodo for the State
Court clerk Musundi
M. MUYA
JUDGE
11TH DECEMBER, 2013
Court: Hearing 12th March, 2014
….................
M. MUYA
JUDGE
11TH DECEMBER, 2013.