[2016] KEHC 6531 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused persons bond. The Probation Officer's pre-bail report was favorable, and the prosecution did not oppose the application. Therefore, the accused persons were entitled to be released on bond on reasonable terms to...
Source-derived case information.
- Citation
- [2016] KEHC 6531 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Okachi Samson; Defendant: Evans Onsare Samson; Defendant: Jared Mabori Nyabuto
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case Case106 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond granted to all accused persons.
- Judges
- WA Okwany
- Legal Topics
- Murder, Bail and Bond, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vincent Okachi Samson
Defendant
Evans Onsare Samson
Defendant
Jared Mabori Nyabuto
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused persons are entitled to be released on bond pending trial.
- 2 Whether there are compelling reasons to deny the accused persons bond.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused persons bond. The Probation Officer's pre-bail report was favorable, and the prosecution did not oppose the application. Therefore, the accused persons were entitled to be released on bond on reasonable terms to ensure their attendance at trial. The court set the bond terms accordingly, emphasizing the obligation of the accused to attend court and the consequences of default.
Court Disposition
Bond granted to all accused persons.
Orders
- Each accused shall execute a personal bond of Kshs.500,000 with two sureties of a similar amount.
- Proposed sureties to be approved by the Deputy Registrar.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.106 OF 2014
Consolidated with
CRIMINAL CASE NO.42 OF 2015
REPUBLIC.................................................PROSECUTOR
VERSUS
VINCENT OKACHI SAMSON....................1ST ACCUSED
EVANS ONSARE SAMSON.....................2ND ACCUSED
JARED MABORI NYABUTO.......................3RD ACCUSED
RULING
The three accused persons, VINCENT OKACHI SAMSON, EVANS ONSARE SAMSON andJARED MABORI NYABUTO are jointly charged with the offence of Murder contrary to Section 203as read withSection 204 of the Penal Code.
The particulars of the charge are that on 12th October 2014 within Kisii County in the Republic of Kenya jointly murdered ARONI ISABOKE SAMSON.
All the accused persons pleaded NOT GUILTY to the charge and applied to be released on bond pending their trial.
The prosecution did not object to their release on bond and the Probation Officer’s pre-bail report filed in court on 16th November 2015 recommended that all the accused persons were could be released on bond on terms that could ensure that they attend court.
Under Article 49 (1) (h) all arrested persons have a right to be released on bond on reasonable terms except where there are compelling reasons that could make the court to deny them bond.
In the instant case the prosecution did not oppose the accuseds’ application for bond and the Probation Officer similarly gave favourable recommendation towards their release on bond.
In the circumstances, I hereby allow the said application for bond and order that each of the accused persons may be released on bond in the following terms:
Each accused shall execute a personal bond of Kshs.500,000/= with each providing 2 sureties of a similar amount.
The proposed sureties shall be approved by the Deputy Registrar of this court.
The accused persons shall attend court whenever they are required to do so until the case is heard and determined or until further orders of this Honourable Court.
Should the accused persons default in any one court attendance without justifiable cause then the bond shall stand cancelled and the sureties called to account.
Mention on 23rd March, 2016.
Dated, signed and delivered in open court this 22nd day of January 2016
HON. W. A. OKWANY
JUDGE
In the presence of:
Miss. Mochama for the State
All accused persons: present
Mr. Omwoyo: court clerk