[2012] KEHC 1117 (KLR)
The court found that although the right to bond is constitutional, its grant is discretionary and depends on the circumstances of each case. After considering the favorable pre-bail report and the absence of any compelling reasons to deny bail, the court was satisfied that the applicant deserved to be released on...
Source-derived case information.
- Citation
- [2012] KEHC 1117 (KLR)
- Parties
- Respondent: Republic; Applicant: Peter Ochieng
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Murder Case 62 of 2012
- Procedural Posture
- Murder Case / Application for Bail Pending Trial
- Outcome
- Application for bail granted.
- Legal Topics
- Bail Pending Trial, Judicial Discretion, Constitutional Rights, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Peter Ochieng
Applicant
Procedural Posture
Murder Case / Application for Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial in a murder case.
- 2 Whether the circumstances of the case justify the grant of bail.
Ratio Decidendi
The court found that although the right to bond is constitutional, its grant is discretionary and depends on the circumstances of each case. After considering the favorable pre-bail report and the absence of any compelling reasons to deny bail, the court was satisfied that the applicant deserved to be released on bond. The court imposed conditions to ensure the accused's attendance and non-interference with witnesses or the proceedings.
Court Disposition
Application for bail granted.
Orders
- The accused be released on a bond of Kshs. 1,500,000 with a surety of similar amount.
- The accused person shall attend court for mention every month till the case is determined.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
High Court at Kisumu
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REPUBLIC …..............................................................................PROSECUTOR
VERSUS
PETER OCHIENG …......................................................................APPLICANT
RULING
The application dated 28th September 2012 prays that the accused person be released on bond pending the hearing and determination of this Criminal case.
After perusing the same I did order that a pre bail report be prepared by the probation officer. The same was prepared and is dated 30th October 2012. It speaks favorably about the accused person.
Bond is a constitutional right but the same again is discretional. The circumstances for it to be granted varies from case to case.
I have nevertheless perused the report and I am satisfied that the applicant / accused person deserves the same. I do consequently order that:-
a)The accused be released on a bond of Kshs. 1. 5 million with a surety of similar amount.
b)The accused person shall attend court for mention every month till the case is determined.
c)While on bond the accused should not in any way interfere with the witnesses or in any way impede the progress of this suit.
Orders accordingly.
Dated, signed and delivered at Kisumu this 14th day of November 2012.
H.K. CHEMITEI JUDGE
In the presence of:
Kiprop for State Counsel
Onyango for Appellant
HKC/aao