[2024] KEHC 4665 (KLR)
The court found that the continued detention of the accused persons, solely due to the inability to conduct mental assessments as a result of the ongoing doctors' strike, would amount to an infringement of their constitutional right to bail. The prosecution failed to demonstrate any compelling reasons to justify...
Source-derived case information.
- Citation
- [2024] KEHC 4665 (KLR)
- Parties
- Applicant: State; Defendant: Caren Okumu Atieno; Defendant: John Aketch Ochia; Defendant: Boniface Ochieng Otieno; Defendant: Lennox Adede Omondi; Defendant: Jared Omondi Adua; Defendant: Wycliffe Odhiambo Abidha; Defendant: Pascal Odhiambo Abidha; Defendant: Joseph Ochieng Oluoch; Defendant: Ronny Odhiambo Owuor; Defendant: Evans Odiwuor Alila; Defendant: Joseph Tabu; Defendant: Comic Ouma Alila; Defendant: Moses Odhiambo; Defendant: Nelson Ochieng Omollo; Defendant: Samuel Otieno Oluoch; Defendant: Austin Anyala; Defendant: George Otieno
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E017 of 2024
- Procedural Posture
- Criminal Case / Ruling on Bail Application Prior to Plea
- Outcome
- Bail granted to all accused persons on specified conditions; prosecution's application for continued detention declined.
- Judges
- DO Ogembo
- Legal Topics
- Bail Pending Trial, Right to Bail, Compelling Reasons, Mental Assessment, Pre Trial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Caren Okumu Atieno
Defendant
John Aketch Ochia
Defendant
Boniface Ochieng Otieno
Defendant
Lennox Adede Omondi
Defendant
Jared Omondi Adua
Defendant
Wycliffe Odhiambo Abidha
Defendant
Pascal Odhiambo Abidha
Defendant
Joseph Ochieng Oluoch
Defendant
Ronny Odhiambo Owuor
Defendant
Evans Odiwuor Alila
Defendant
Joseph Tabu
Defendant
Comic Ouma Alila
Defendant
Moses Odhiambo
Defendant
Nelson Ochieng Omollo
Defendant
Samuel Otieno Oluoch
Defendant
Austin Anyala
Defendant
George Otieno
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Prior to Plea
Legal Issues
- 1 Whether the accused persons should continue to be detained pending mental assessment due to the ongoing doctors' strike.
- 2 Whether the prosecution has demonstrated compelling reasons to deny the accused persons bail.
- 3 Whether continued detention of the accused infringes their constitutional right to bail.
Ratio Decidendi
The court found that the continued detention of the accused persons, solely due to the inability to conduct mental assessments as a result of the ongoing doctors' strike, would amount to an infringement of their constitutional right to bail. The prosecution failed to demonstrate any compelling reasons to justify further detention. The accused have already been in custody for about a month, and the delay is not of their making. The court held that it is in the interest of justice to grant the accused conditional pre-trial bail, subject to personal bond and surety, with reporting obligations to the investigating officer. The plea is deferred until the next mention date, pending the...
Court Disposition
Bail granted to all accused persons on specified conditions; prosecution's application for continued detention declined.
Orders
- Each accused to be released on a personal bond of Ksh.200,000/=
- Each accused to provide one surety of Ksh.200,000/=
Full Case Text
Judgment text and source record
52 paragraphs
State v Atieno & 16 others (Criminal Case E017 of 2024) [2024] KEHC 4665 (KLR) (16 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4665 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E017 of 2024
DO Ogembo, J
April 16, 2024
Between
State
Prosecution
and
Caren Okumu Atieno
1st Accused
John Aketch Ochia
2nd Accused
Boniface Ochieng Otieno
3rd Accused
Lennox Adede Omondi
4th Accused
Jared Omondi Adua
5th Accused
Wycliffe Odhiambo Abidha
6th Accused
Pascal Odhiambo Abidha
7th Accused
Joseph Ochieng Oluoch
8th Accused
Ronny Odhiambo Owuor
9th Accused
Evans Odiwuor Alila
10th Accused
Joseph Tabu
11th Accused
Comic Ouma Alila
12th Accused
Moses Odhiambo
13th Accused
Nelson Ochieng Omollo
14th Accused
Samuel Otieno Oluoch
15th Accused
Austin Anyala
16th Accused
George Otieno
17th Accused
Ruling
1. I have considered the application of the prosecution and the responses by learned counsel for the accused. The accused before court have been in custody for upto one month for the reason that Doctors in public hospitals have been on strike and it has not been possible to subject them to mental assessment so that it is known if they are fit to plead. I would not say much as to the constitutionality or legality of mental assessment of accused persons before they are subjected to murder trials as no substantive application has been brought forth before this court for determination.
2. Article 50 (1) (h) guarantees the right to bail to all arrested and or accused persons irrespective of the charges that they face. And the right to bail may only be limited or denied where it is shown the existence of any compelling reason. In this case, the prosecution has not shown any such compelling reason. The reason the prosecution seeks to have the accused remanded in custody further before they can answer to the charges is that they have not been subjected to mental assessment due to the strike of doctors in public hospitals.
3. This court takes judicial notice of the doctors’ strike and the fact that it is uncertain when the doctor will resume duties. Accused have already been in custody for about one month. They have no control over the issue of the doctors’ strike, particularly, how long it will last. In my view it would be an infringement on the accused’s right to bail, should they be detained in custody pending the resumption of duty by the doctors who are still on strike.
4. For this reason, I am convinced that it would be fair and proper to grant the accused bail pending their answering to the charges. I note that the investigating officer IP J. Akama based at Rarieda DCI is present in court. Both the investigating officer and the accused have confirmed that all accused reside within the vicinity of Aram police station. It is therefore my opinion as I hereby do, that it is in the interest of justice in the circumstances pertaining herein, to place the accused on conditional pre-trial bail.
5. I accordingly decline the application of the prosecution and order that each accused person may be released on bail on the following terms:-i.Each accused to be released on a personal bond of Ksh.200,000/=.ii.In addition, each accused to be released on one surety of Ksh200,000/=. Such surety shall deposit in court a security in the form of copy of his/her national identity card.iii.Upon release, each accused is ordered to report to the investigating officer, IP Akama C/o. DCI, failure to observe this condition would result in automatic expiry of the accused bond and the investigating officer would be at liberty to arrest the accused and have him in custody.iv.Should the doctors’ strike end or be called off, the investigating officer will be at liberty to escort the accused to hospital for mental assessment.v.Lastly, the plea herein is deferred. The same is fixed on the next mention date when this matter also comes up for any further direction.Mention on 30/4/2024.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF APRIL, 2024D.O. OGEMBOJUDGE16/4/2024