[2016] KEHC 6656 (KLR)
The court found that the State did not provide any compelling reasons to deny the accused bond. The Probation Officer's pre-bail assessment report was favorable, indicating that the accused's character and conduct suggested he would comply with bond terms. In the absence of opposition from the prosecution and based...
Source-derived case information.
- Citation
- [2016] KEHC 6656 (KLR)
- Parties
- Respondent: Republic; Applicant: Peter Ombasa Oino
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 52 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Bond granted to the accused pending trial, subject to conditions.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release, Compelling Reasons, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Peter Ombasa Oino
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused should be granted bond pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the accused bond.
Ratio Decidendi
The court found that the State did not provide any compelling reasons to deny the accused bond. The Probation Officer's pre-bail assessment report was favorable, indicating that the accused's character and conduct suggested he would comply with bond terms. In the absence of opposition from the prosecution and based on the constitutional right to bond, the court exercised its discretion to grant the accused bond, subject to conditions ensuring his attendance at trial and accountability of sureties.
Court Disposition
Bond granted to the accused pending trial, subject to conditions.
Orders
- The accused may be released on bond upon executing his own personal bond of Kshs.500,000 with 2 sureties of a similar amount.
- The proposed sureties shall be approved by the Deputy Registrar of this court.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.52 OF 2015
REPUBLIC - - - - PROSECUTOR
VERSUS
PETER OMBASA OINO- - - ACCUSED
RULING
The accused person herein PETER OMBASA OINO faces one count of Murder contrary to Section 203 as read with Section 204 of the Penal Code.
The particulars of the charge are that on the night of 15th and 16th October 2015 at Bonyabwanga Sub-location in Bosinage Location in South Gucha Sub County within Kisii County, murdered SAMWEL ORONI MAYAKA.
The accused pleaded not guilty to the charge and is awaiting trial.
On 28th October 2015, soon after taking his plea, the accused applied to be released on bond pending his trial.
The State did not file any replying affidavit in opposition to the accused person’s said application for bond.
The Probation Officer’s pre-bail assessment report filed on 19th November 2015 recommended that the accused may be granted bond since his general character and conduct depicted him as a person who will observe the bond terms.
In view of the above and taking into account that the State did not offer any compelling reasons to deny the accused bond, I hereby allow the accused’s application for bond in the following terms:-
The accused may be released on bond upon executing his own personal bond of Kshs.500,000/= with 2 sureties of a similar amount.
The proposed sureties shall be approved by the Deputy Registrar of this court.
The accused shall attend court for mention of his case once every thirty (30) days until the case is heard and determined or until further orders of this Honourable Court.
Should the accused default in any one mention without justifiable cause then the bond shall stand cancelled and the sureties called to account.
Hearing on 23rd March, 2016.
Dated, signed and delivered in open court this 20th January 2016.
HON. W. OKWANY
JUDGE
In the presence of:
Otieno for the State
Accused in person
Omwoyo: court clerk