[2016] KEHC 59 (KLR)
The court found that the accused, charged with murder, is constitutionally entitled to bond unless compelling reasons are presented to deny such release. The prosecution expressly stated that it had no compelling reasons to oppose the application, and the pre-bail report recommended the accused as suitable for...
Source-derived case information.
- Citation
- [2016] KEHC 59 (KLR)
- Parties
- Respondent: Republic; Applicant: Trufena Kerubo Lukas
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Bond granted to the accused on specified terms.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Trufena Kerubo Lukas
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bond pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny the accused bond.
Ratio Decidendi
The court found that the accused, charged with murder, is constitutionally entitled to bond unless compelling reasons are presented to deny such release. The prosecution expressly stated that it had no compelling reasons to oppose the application, and the pre-bail report recommended the accused as suitable for release. In the absence of any adverse factors or objections, the court exercised its discretion in favor of granting bond, subject to reasonable conditions to ensure the accused's attendance at trial. The court further outlined the consequences of non-compliance with bond terms, including cancellation of bond and liability of sureties.
Court Disposition
Bond granted to the accused on specified terms.
Orders
- The accused may be released on her own personal bond of Ksh.500,000 with two sureties of a like amount.
- The sureties shall be approved by the Deputy Registrar of the court.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.20 OF 2015
REPUBLIC................................................PROSECUTOR
VERSUS
TRUFENA KERUBO LUKAS..........................ACCUSED
RULING
1. The accused herein TRUFENA KERUBO LUCAS is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. It is alleged that on the night of 25th and 26th April 2015 at Nyabitunwa Sub-location, Kenyenya Sub-County within Kisii County, jointly with others not before the court, murdered JAMES MASESE OBWOGE.
2. The accused pleaded not guilty to the charge and on 3rd June 2015 made an oral application to be released on bond pending her trial.
3. On 16th June 2015, Mr. Majale counsel for the State intimated to court that the State had no compelling reasons to oppose the accused’s application for her release on bond.
4. The pre-bail report filed on 23rd October 2015 recommended that the accused person was suitable for release on bond pending her trial.
5. The right of any accused person to be admitted to bond pending trial is enshrined in the Constitution by Article 49 (1) (h) in view of the above, I allow the accused application for bond in the following terms:-
a) The accused may be released on her own personal bond of Ksh.500,000/= with 2 sureties of a like amount.
b) The sureties shall be approved by the Deputy Registrar of this court.
c) Once released, the accused shall appear for mention of her case once every 30 days until the case is heard and determined or until further orders of this court.
d) If the accused fails to appear at any one mention, the bond shall be cancelled and the sureties called upon to account and/or make good their bond.
e) Mention shall be on 15th December 2015.
Dated, signed and delivered in open court this 17th day of November, 2015
HON. W. OKWANY
JUDGE
In the presence of:
Mr. Mbelete for the State
M/S Ondari for the Accused
Mr. Ogega: court clerk