[2015] KEHC 1283 (KLR)
The court found that both accused persons were entitled to bond as there were no compelling reasons presented by the State to deny their application. The pre-bail assessment reports indicated suitability for release, and the State did not oppose the application. The court exercised its discretion under Article...
Source-derived case information.
- Citation
- [2015] KEHC 1283 (KLR)
- Parties
- Respondent: Republic; Defendant: Richard Onduso Masinya; Defendant: Erick Onchoke
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 41 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Bond granted to both accused persons on specified terms.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Richard Onduso Masinya
Defendant
Erick Onchoke
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bond as per Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that both accused persons were entitled to bond as there were no compelling reasons presented by the State to deny their application. The pre-bail assessment reports indicated suitability for release, and the State did not oppose the application. The court exercised its discretion under Article 49(1)(h) of the Constitution and granted bond on specified terms, ensuring the accused would attend court as required and that sureties would be held accountable in case of default.
Court Disposition
Bond granted to both accused persons on specified terms.
Orders
- Each accused person may be released on a personal bond of Ksh.500,000 with two sureties of a similar amount.
- Sureties to be approved by the Deputy Registrar of the court.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.41 OF 2015
REPUBLIC
VERSUS
RICHARD ONDUSO MASINYA - 1ST ACCUSED
ERICK ONCHOKE - 2ND ACCUSED
RULING
1. The accused persons herein RICHARD ONDUSO MASINYA and ERICK ONCHOKEwere jointly charged with the offence of Murder contrary to Section 203as read with Section204 of the Penal Code.
The particulars of the charge are that on the night of 28th and 29th March 2015 at Iyabe location within Kisii South Sub-county in the Republic of Kenya, jointly murdered JOACHIM MOGERE.
2. They both denied the offence and have now applied to be released on bond pending their trial. The State through their counsel Mr. Majale had no objection to the accused’s application for bond.
3. The pre-bail assessment reports filed by the Probation Officer on 26th October 2015 recommended that both the accused persons were suitable for release on bond at the court’s discretion.
Article 49 (1) (h) of the Constitution restates the right of any arrested person to bond except where there are compelling reasons when the court may decline to grant bond.
4. Accordingly, I allow the accused persons application for bond in the following terms:
a) Each accused person may be released on a personal bond of Ksh.500,000/= with each providing two sureties of a similar amount.
b) The sureties shall be approved by the Deputy Registrar of this court.
c) Upon their release, the accused shall attend court for mention once every 30 days until their case is heard and determined or until further orders of this court.
d) In default of (c) above without any justification the bond shall stand cancelled forthwith and the sureties called to account.
e) Mention on 14th December 2015.
f) Mention before the Deputy Registrar on 1st December 2015.
Dated, signed and delivered in open court this 30th day of October, 2015
HON. W. OKWANY
JUDGE
In the presence of:
Miss. Boyon for State
Kaburi for Accused
Omuga: Court clerk