[2012] KEHC 737 (KLR)
The court found that all prebail reports filed in respect of the accused persons were favourable and that there were no compelling reasons to deny them bail. The constitutional right to bail, while discretionary, should be upheld in the absence of any adverse findings or risks. Accordingly, the court ordered the...
Source-derived case information.
- Citation
- [2012] KEHC 737 (KLR)
- Parties
- Respondent: Republic; Defendant: Samuel Omondi Gombe alias Agok; Defendant: Vitalis Obola Okendo alias Daktari; Defendant: Hezron Otieno Okendo alias Otis; Defendant: Charles Otieno Omulo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 51 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Application for bail allowed. Accused persons granted bond with conditions.
- Judges
- HK Chemitei
- Legal Topics
- Bail Application, Prebail Reports, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Samuel Omondi Gombe alias Agok
Defendant
Vitalis Obola Okendo alias Daktari
Defendant
Hezron Otieno Okendo alias Otis
Defendant
Charles Otieno Omulo
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be released on bond pending trial.
- 2 Whether the prebail reports support the grant of bail to the accused persons.
- 3 What conditions should be attached to the grant of bail.
Ratio Decidendi
The court found that all prebail reports filed in respect of the accused persons were favourable and that there were no compelling reasons to deny them bail. The constitutional right to bail, while discretionary, should be upheld in the absence of any adverse findings or risks. Accordingly, the court ordered the release of each accused person on bond with specific conditions to ensure their attendance and non-interference with witnesses or the proceedings.
Court Disposition
Application for bail allowed. Accused persons granted bond with conditions.
Orders
- Each accused person shall be released on a bond of Kshs. 1,500,000 with a surety of similar amount.
- Each accused person shall attend court on a monthly basis until the case is determined.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
High Court at Kisumu
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REPUBLIC …..............................................................................RESPONDENT
VERSUS
SAMUEL OMONDI GOMBE alias AGOK....................................1st ACCUSED
VITALIS OBOLA OKENDO alias DAKTARI.............................2nd ACCUSED
HEZRON OTIENO OKENDO alias OTIS ..................................3rd ACCUSED
CHARLES OTIENO OMULO.......................................................4th ACCUSED
RULING
The application dated 26th September 2012 prays that the accused persons be released on bond. I did order a prebail report on their behalf. The same were filed in respect to each offender.
From the above reports they are all favourable and bail being now a constitutional guarantee albeit discretional I do make the following orders:-
1)Each of the accused persons shall be released on a bond of Kshs. 1,500,000 with a surety of similar amount.
2)They shall each attend court on a monthly basis till the case is determined.
3)While on bond they shall not in anyway interfere with the witnesses or in anyway interfere with the hearing and determination of this case.
Orders accordingly.
Dated, signed and delivered at Kisumu this 28th day of November 2012
H. K. CHEMITEI
JUDGE
In the presence of:
Kiprop State Counsel
Omondi for Adiso for Appellant
HKC/aao