[2015] KEHC 4188 (KLR)
The court found that the accused is constitutionally entitled to bond unless the prosecution provides compelling reasons to the contrary. Despite being given ample opportunity, the prosecution failed to provide any such reasons. In the absence of any objection or compelling reason, the court exercised its discretion...
Source-derived case information.
- Citation
- [2015] KEHC 4188 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Omundi Machoni
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 111 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond granted to the accused with conditions.
- Legal Topics
- Bail and Bond, Murder Charge, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Omundi Machoni
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for a murder charge.
- 2 Whether the prosecution has provided compelling reasons to deny bond.
Ratio Decidendi
The court found that the accused is constitutionally entitled to bond unless the prosecution provides compelling reasons to the contrary. Despite being given ample opportunity, the prosecution failed to provide any such reasons. In the absence of any objection or compelling reason, the court exercised its discretion in favor of the accused and granted bond, subject to conditions to ensure attendance at trial.
Court Disposition
Bond granted to the accused with conditions.
Orders
- The accused is granted a personal bond of KES 500,000 plus one surety of similar amount, to be approved by the Deputy Registrar of the High Court.
- Upon release, the accused must attend court for monthly mentions until the hearing and determination of the case or further court orders.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 111 OF 2014
REPUBLIC……………………………………………...……………….APPLICANT
VERSUS
SAMUEL OMUNDI MACHONI…………………..……………………….ACCUSED
RULING
1. On 19th December, 2014 the accused person, Samwel Omundi Machoni applied to be released on bond pending the hearing and determination of his case. Three times the state has sought further time within which to show cause why bond should not or should be granted to the accused person. Even todate, the state has yet to respond on the issue of bond.
2. The accused is charged with murder contrary to section 203 as read with section 203 of the penal code. It is alleged that on the 26th day of November, 2014, at Botabori village in Sensi sublocation in Marani District within Kisii County in the Republic of Kenya, murdered ATEKA BARONGO. He denies this charge and he now applies for bond pending the hearing and determination of his case.
3. It is enshrined in the constitution that an accused person is entitled to be released on bond: Article 49(1)(h) this right is guaranteed. However, although guaranteed, it is not absolute right. It is subject to compelling reasons not being shown. It is, usually, incumbent upon the prosecution, if any, to state the reasons that circumscribes this constitutional right. Todate the prosecution has not given their reasons despite ample time afforded by the court.
4. In the absence of their response, the court is still empowered to rule in one way or another and give its direction relating to this application.
5. In the absence of all else, this court is inclined in favour of the applicant, to grant bond to the said applicant.
6. Accordingly, the accused is hereby granted a personal bond of kshs. 500,000 plus one surety of similar amount, the same to be approved by the Deputy Registrar of the High Court.
7. Upon his release the accused will be expected to attend court for mentions of his case every month until the hearing and determination of his case or further court orders. Such first attendance to be on 24th of April, 2015.
8. Any one default, the bond will be cancelled forthwith and the surety made to account.
9. It is so ordered.
Dated and delivered at KISII this 27th day of March, 2015
C.B. NAGILLAH,
JUDGE.
In the presence of:
Ogari for the applicant
Clara for the respondent
Edwin Mongare Court Clerk.