[2019] KEHC 5510 (KLR)
The court found that the accused persons, being labourers, were unable to meet the bond terms previously set, which would result in their continued pre-trial incarceration. The court recognized that pre-trial detention, in the face of the constitutional presumption of innocence and the right to bail, would be...
Source-derived case information.
- Citation
- [2019] KEHC 5510 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Ingosia Osore; Defendant: Boniface Ondula Were
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 43 of 2018
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Bond Terms
- Outcome
- application for review of bond terms allowed
- Judges
- DN Musyoka
- Legal Topics
- Bail and Bond, Presumption of Innocence, Pre Trial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vincent Ingosia Osore
Defendant
Boniface Ondula Were
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Review of Bond Terms
Legal Issues
- 1 Whether the bond terms set by the court were harsh and excessive for the accused persons.
- 2 Whether the accused persons are entitled to a review of bond terms based on their inability to meet the initial conditions.
- 3 Whether the constitutional right to bail and presumption of innocence require a reduction of bond terms in the circumstances.
Ratio Decidendi
The court found that the accused persons, being labourers, were unable to meet the bond terms previously set, which would result in their continued pre-trial incarceration. The court recognized that pre-trial detention, in the face of the constitutional presumption of innocence and the right to bail, would be unjust, especially where the accused are unable to secure sureties of the initial amount. The court held that the bond terms should be reviewed to actualize the constitutional rights of the accused, and accordingly reduced the bond amount and the number of sureties required.
Court Disposition
application for review of bond terms allowed
Orders
- Bond terms reviewed: each accused to be released upon signing a bond of Kshs 200,000 with one surety of like amount.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 43 OF 2018
REPUBLIC......................................DIRECTOR OF PUBLIC PROSECUTIONS
VERSUS
VINCENT INGOSIA OSORE.........................................................1ST ACCUSED
BONIFACE ONDULA WERE........................................................2ND ACCUSED
RULING
1. The accused persons herein are charged with murder. On 23rd October 2018 I ordered their release on bail pending trial. I fixed the bond sum at Kshs. 400, 000. 00 for each one of them, with two sureties of like amount.
2. They have come back to court through a Motion dated 7th April 2019. They seek review of their bond terms. They argue that the terms set by the court were harsh and excessive. They state that they cannot raise the amounts, nor get guarantors of like amount.
3. It would appear that the accused persons have been unable to raise the bond. They are not required to raise money and pay the same in court. They are merely required to sign documents binding themselves to pay that money in court should they breach the terms of their bond.
4. However, I am alive to the fact that release of accused persons on bond is a constitutional right. It affords the accused an opportunity to be free pending trial. I am alive to the accused persons’ right to presumption of innocence until proven guilty. Pre-trial incarceration can be a grave injustice should they be ultimately found innocent, and yet there is no provision for recompense should that happen.
5. I am told that the accused persons are labourers and are, therefore, not in a position to obtain sureties for the amount imposed as bond.
6. To actualise the right to be presumed innocent until proven guilty and equal treatment in the eyes of the law, I am persuaded to review the bond terms. The same are hereby reviewed, so that the accused may be released from custody pending trial upon their signing a bond each of Kshs 200, 000. 00 with one surety of like amount. It is so ordered.
DELIVERED DATED AND SIGNED AT KAKAMEGA THIS 26th DAY OF July 2019
W MUSYOKA
JUDGE