[2013] KEHC 7077 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bond. The seriousness of the offence was considered, but in the absence of any objection or evidence of risk of flight or interference with witnesses, the accused was entitled to bond. The court therefore granted...
Source-derived case information.
- Citation
- [2013] KEHC 7077 (KLR)
- Parties
- Applicant: Republic; Respondent: Shanton Ochieng Juma
- Court
- High Court
- Court Station
- High Court at Nyandarua
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Bond granted with conditions.
- Legal Topics
- Murder Charge, Bail and Bond, Compelling Reasons, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Shanton Ochieng Juma
Respondent
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 bond in this case.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bond. The seriousness of the offence was considered, but in the absence of any objection or evidence of risk of flight or interference with witnesses, the accused was entitled to bond. The court therefore granted bond with stringent terms to ensure the accused's attendance at trial.
Court Disposition
Bond granted with conditions.
Orders
- The accused shall execute a bond of Kshs.3 million with two sureties of like amount.
- The sureties to be examined and approved by the Deputy Registrar.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
Cases in Magistrate Courts
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REPUBLIC………………………………….……………PROSECUTOR
V
SHANTON OCHIENG JUMA…………………...…………….ACCUSED
RULING.
The accused is charged with murder c/section 203 as read with S. 204 of the Penal Code in that on 30. 6.2012 at Okinawan East Location Raccoon District within Homa Bay County jointly with others not before court murdered Lawrence Diamond Hokum.
He pleased not guilty to the charge. Through his Advocate, Mr. Ongoso, he applied for bond pending the trial.
Miss Valery, learned counsel for the Republic did not object. She intimated to the court that there were no compelling reasons not to release the accused.
Accordingly, bond is granted on the following terms, of course taking into account the seriousness of the offence and the need to have the accused person turn up at his trial:
1. That, the accused shall execute a bond of Kshs.3 million with 2 sureties of like amount.
2. The sureties to be examined/approved by the Deputy Registrar
3. That pending the trial the accused shall attend court once a month.
4. Hearing on 17. 4.2013.
Signed, dated and delivered in open court this 28th day of March,2013.
E.N. MAINA
JUDGE.
In the presence of:
Eudice Okombo Dholuo interpreter.
Miss Valery for the Republic
Mr. Ongoso for the Accused.
Accused person.