[2015] KEHC 4118 (KLR)
The court held that since the state did not oppose the application for bond and failed to provide any compelling reasons to deny the applicant his constitutional right to bond, the applicant should be released on bond. The court emphasized that the right to bond is guaranteed under Article 49(1)(h) of the...
Source-derived case information.
- Citation
- [2015] KEHC 4118 (KLR)
- Parties
- Applicant: Robert Onsongo Achoka alias Moi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 51 of 2014
- Procedural Posture
- Criminal Case / Application for Bond Pending Trial
- Outcome
- Application for bond allowed; applicant released on bond with conditions.
- Legal Topics
- Bail and Bond, Murder Charge, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Onsongo Achoka alias Moi
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Application for Bond Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bond pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny the applicant bond under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court held that since the state did not oppose the application for bond and failed to provide any compelling reasons to deny the applicant his constitutional right to bond, the applicant should be released on bond. The court emphasized that the right to bond is guaranteed under Article 49(1)(h) of the Constitution, and in the absence of any objection or affidavit from the state outlining reasons to deny bond, the applicant is entitled to be released pending trial. The court set the bond terms and imposed conditions for attendance to ensure the applicant's presence during the proceedings.
Court Disposition
Application for bond allowed; applicant released on bond with conditions.
Orders
- The applicant is released on a personal bond of Kshs. 500,000 with one surety of similar amount, to be approved by the Deputy Registrar.
- The applicant shall attend court every 30 days for mention of his case until determination or further court orders.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 51 OF 2014
ROBERT ONSONGO ACHOKA alias MOI……………………….APPLICANT
VERSUS
REPUBLIC…………………………RESPONDENT
RULING
This is an application for bond. The applicant Robert Onsongo Achoka alias Moi was charged for murder, contrary to section 203 as read with 204 of the Penal Code. It is alleged that on 3rd May, 2014 at Monga village, Bomanyanya Sub-location in Nyamira North District within Nyamira County murdered JOSEPH MAUTI NYAUNDI. He denies the charge and now applies for bond pending the trial and determination of his case.
Bond is a Constitutional right. Article 49 (1)(h) of the Constitution empowers that the court to give bond to the accused person unless there are compelling reasons why bond should not be given. It is incumbent upon the state to show cause why bond should not be given by filing an affidavit outlining the reasons they think should preclude the court in releasing the accused on bond. In this regard, the state on 16th March, 2015 did state that they were not opposing the application for bond.
Accordingly, this court, for reasons, that the state has no opposition to this application, I shall release the accused person on a personal bond of Kshs. 500,000 with one surety of similar amount the same to be approved by the Deputy Registrar of this court.
Upon his release he will be expected to attend court every 30 days for mention of his case until the determination of his case or further court orders. The first such attendance to be on 23rd of April, 2015.
Any one default of the said attendance, the bond shall be cancelled forthwith and the sureties be made to account.
It is so ordered.
Dated and delivered at KISII this 24th day of March, 2015
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Omwenga holding brief for Bigogo for the applicant
Otieno for the respondent
Edwin Mongare Court Clerk.