[2013] KEHC 7086 (KLR)
The court held that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya and may only be denied if there are compelling reasons. In this case, the State did not object to the application for bail, indicating that there were no compelling reasons to deny the accused persons their right...
Source-derived case information.
- Citation
- [2013] KEHC 7086 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Otieno Abongo alias Kagolah; Defendant: Maurice Okoth Adongo alias Ogwajo
- Court
- High Court
- Court Station
- High Court at Nyandarua
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Bail granted to both accused persons subject to conditions.
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Constitutional Rights, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Otieno Abongo alias Kagolah
Defendant
Maurice Okoth Adongo alias Ogwajo
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court held that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya and may only be denied if there are compelling reasons. In this case, the State did not object to the application for bail, indicating that there were no compelling reasons to deny the accused persons their right to bail. The court therefore granted bail to both accused persons, subject to stringent conditions to ensure their attendance at trial, including a bond of Kshs. 3 million each with two substantial sureties, approval of sureties by the Deputy Registrar, and mandatory monthly court attendance until the trial. The court further ordered that the accused remain in custody until the...
Court Disposition
Bail granted to both accused persons subject to conditions.
Orders
- Each accused shall execute a bond of Kshs. 3 million and furnish the court with two substantial sureties.
- The Deputy Registrar to approve the sureties.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
Cases in Magistrate Courts
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REPUBLIC………………………………….………………PROSECUTOR
VERSUS
STEPHEN OTIENO ABONGO alias KAGOLAH
MAURICE OKOTH ADONGO alias OGWAJO .………..…….ACCUSED.
RULING
The accused persons who are charged with murder c/sec 203 as read with S. 204 of the Penal Code have applied to be released on bond pending their trial.
The State did not object to the application but noted that the 2nd accused is a fisherman in the deep waters of Lake Victoria. She urged that the terms be such that the accused persons shall not be tempted to escape. Although that application was made on 16. 4.2013 the court reserved its ruling to 26. 4.2013 so as to set the conditions. It did not sit on 26. 4.2013 and so the ruling was deferred to 2. 5.2013.
Bail is a Constitutional right unless there are compelling reasons – Article 49(1)(h) of the Constitution. In this case the state has intimated that it has no objection meaning that there are no compelling reasons not to release the accused persons.
Accordingly I do grant bond to the accused persons upon the following terms:-
a)That each shall execute a bond of Kshs. 3 million and furnish the court with 2 substantial sureties.
b)The Deputy Registrar to approve the sureties.
c)That pending the trial, the accused persons shall attend court once every month for the mention of the case first mention being on 29. 5.2013.
d)Hearing on 19. 6.2013.
e)Until a condition (a) is met they be remanded in custody.
E.N. MAINA
JUDGE.
Signed, dated and delivered at Homa Bay this….…3rd……….day of ………May……….2013.
E. N.MAINA
JUDGE.
In presence of:
Miss Eudice Dholuo interpreter.
Miss Valary for the Republic
Miss Nekesa for the Accused.
Accused persons.
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