[2015] KEHC 189 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bond, as required under Article 49(1)(h) of the Constitution. The Probation Officer's pre-bail assessment report favored the accused's release, indicating he was suitable for bond and capable of complying with bond...
Source-derived case information.
- Citation
- [2015] KEHC 189 (KLR)
- Parties
- Respondent: Republic; Applicant: Stephen Parsoloi Sire
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 56 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Bond granted to the accused pending trial, subject to specified conditions.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release, Compelling Reasons, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Stephen Parsoloi Sire
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to be released on bond pending trial for the offence of murder.
- 2 Whether there exist compelling reasons to deny the accused bond under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bond, as required under Article 49(1)(h) of the Constitution. The Probation Officer's pre-bail assessment report favored the accused's release, indicating he was suitable for bond and capable of complying with bond terms. The court, therefore, exercised its discretion to grant bond, subject to conditions ensuring the accused's attendance at trial and accountability of sureties.
Court Disposition
Bond granted to the accused pending trial, subject to specified conditions.
Orders
- The accused may be released upon executing his own personal bond of Kshs.500,000 with two sureties of a similar amount.
- The sureties shall be approved by the Deputy Registrar of the court.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO.56 OF 2015
REPUBLIC......................................................PROSECUTOR
VERSUS
STEPHEN PARSOLOI SIRE..................................ACCUSED
RULING
1. The accused person herein STEPHENE PARSOLOI SIRE is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code.
The particulars of the offence are that on 3rd July 2015 within Ilpashire Village in Transmara West Sub-County in Narok County, murdered WILLIAM NGADO SIRE.
2. The accused pleaded not guilty to the charge and is awaiting his trial. After taking his plea, the accused person, through his advocate Mr. Odhiambo Kanyangi, applied to be released on bond pending his trial in line with the provisions of Article 49(1) (h) of the Constitution which provides that every arrested person is entitled to be released on bond on reasonable terms except where there are compelling reasons for not granting the accused bond.
3. In the instant case the prosecution through Mr. Otieno State Counsel, did not object bond while stating that the State did not have any compelling reasons as to why the accused should not be released on bond.
4. The court then called for the Probation Officer’s pre-bail assessment report in order to satisfy itself that the accused person was not only capable of meeting and complying the bond terms if granted bond, but was also suitable to be released on bond pending trial. Indeed, the Probation Officer filed his report in court on 11th December 2015 which report favoured the release of the accused on bond.
5. In view of the above facts, I hereby, allow the accused person’s application for bond in the following terms:
a. The accused may be released upon executing his own personal bond of Kshs.500,000/= with two (2) sureties of a similar amount.
b. The sureties shall be approved by the Deputy Registrar of this court.
c. Upon his release, he shall attend court for mention once every 30 days until the hearing and determination of his case or until further orders of this court.
d. In the event of default of No. (c) above without any justifiable cause, the bond shall be cancelled forthwith and the sureties called to account.
e. The first mention shall be on 20th January 2016.
Dated, signed and delivered in open court this 11th day of December, 2015
HON. W. OKWANY
JUDGE
In the presence of:
Imbali for the State
Odhiambo Kanyangi for the Accused
Ogega: Court clerk