[2014] KEHC 365 (KLR)
The court held that, in the absence of any response or compelling reasons from the prosecution, and based on the pre-bail assessment report, Joseph Gichana Aroni was not a threat to himself or the community and could be released on bond. However, for Victor Machogu Ontiri, the pre-bail report indicated a high...
Source-derived case information.
- Citation
- [2014] KEHC 365 (KLR)
- Parties
- Accused: Victor Machogu Ontiri; Accused: Joseph Gichana Aroni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 46 of 2014
- Procedural Posture
- Criminal Case / Ruling on Oral Bond Application
- Outcome
- Bond granted to Joseph Gichana Aroni with conditions; bond denied to Victor Machogu Ontiri.
- Legal Topics
- Bail and Bond, Murder Charges, Pretrial Release, Compelling Reasons, Pre Bail Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Machogu Ontiri
Accused
Joseph Gichana Aroni
Accused
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Oral Bond Application
Legal Issues
- 1 Whether the accused persons should be released on bond pending trial for murder.
- 2 Whether there are compelling reasons to deny bond to either accused person.
Ratio Decidendi
The court held that, in the absence of any response or compelling reasons from the prosecution, and based on the pre-bail assessment report, Joseph Gichana Aroni was not a threat to himself or the community and could be released on bond. However, for Victor Machogu Ontiri, the pre-bail report indicated a high probability of absconding and community fears, which constituted compelling reasons to deny bond. The court thus granted bond to Joseph Gichana Aroni with conditions and denied bond to Victor Machogu Ontiri.
Court Disposition
Bond granted to Joseph Gichana Aroni with conditions; bond denied to Victor Machogu Ontiri.
Orders
- Joseph Gichana Aroni to be released on personal bond of KES 500,000 with one surety of similar amount.
- Upon release, Joseph Gichana Aroni must attend court every thirty days until the hearing and determination of his case, with the first attendance on 8th December, 2014.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 46 OF 2014
REPUBLIC……………………………………………………..PROSECUTOR
VERSUS
VICTOR MACHOGU ONTIRI………………………………….1ST ACCUSED
JOSEPH GICHANA ARONI………………………….……..…2ND ACCUSED
RULING
This is an oral application for bond for the accused persons to be released on bond. The two accused persons Victor Machogu Ontiri and Joseph Gichana Aroni are alleged to have murdered HARON OMBASI, contrary to section 203 as read with 204 of the penal code. This occurred on the 7th day of February, 2014 at Kerema Location in Masaba South District within Kisii County jointly with another already before court murdered HARON OMBASI. They both deny the offence. And they now apply to be released on bond.
Under article 49(1)(h) of the constitution of Kenya, they have a right to be admitted to bail, unless there are compelling reasons to deny them bond. The state, the prosecutor, is obliged to state the compelling reasons if any why they shouldn’t be given bond. On 14th October, 2014 the state asked for 7 days to enable them to file their response to this application. By 28th October, 2014 the state hadn’t filed their response and still asked for further 7 days. However, on 6th November, 2014, the state had not responded.
The court will now make its ruling in this application without the benefit of the prosecution’s input.
The only guide in this direction is the pre-bail assessment report. The report appears favourable to Joseph Gichana Arori. He is 33 years old. The relatives are reluctant to give surety. His release is neither a threat to himself nor to the community.
Accordingly, I allow the application in his respect and order that he may be released on personal bond of kshs. 500,000 with one surety of similar amount.
Upon his release, he is to attend court every thirty days until the hearing and determination of his case. The first such attendance to be on 8th December, 2014. Any one default, the bond shall stand cancelled and the surety shall be made to account.
C.B. NAGILLAH,
JUDGE.
On Victor Machogu Ontiri, the report does not give a favourable picture, the community fears that upon release on bond, the chances of absconding are high and probable.
Accordingly, the court declines to grant bond.
It is so ordered.
Dated and delivered at KISII this 20th day of November, 2014.
C.B. NAGILLAH,
JDUGE.
In the presence of:-
Ondari for the for the applicant.
Mbelete for the state for the respondent.
Edwin Mongare court clerk.