[2016] KEHC 5393 (KLR)
The court held that bail/bond is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, and in the absence of any objection or demonstration of compelling reasons by the State, the accused is entitled to be released on bond. The court emphasized the need to balance the accused's right to liberty...
Source-derived case information.
- Citation
- [2016] KEHC 5393 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Bernard Osike Obwoge alias Evans Onkeo Osike
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Murder Case 3 of 2016
- Procedural Posture
- Murder Criminal Case / Bond Application Ruling
- Outcome
- Bond granted with conditions.
- Judges
- CB Nagillah
- Legal Topics
- Bail and Bond, Murder Charge, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic of Kenya
Applicant
Bernard Osike Obwoge alias Evans Onkeo Osike
Defendant
Procedural Posture
Murder Criminal Case / Bond Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail/bond pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny the accused bail/bond under Article 49(1)(h) of the Constitution.
- 3 What conditions should be attached to the grant of bail/bond to ensure attendance at trial.
Ratio Decidendi
The court held that bail/bond is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, and in the absence of any objection or demonstration of compelling reasons by the State, the accused is entitled to be released on bond. The court emphasized the need to balance the accused's right to liberty with the interests of justice, including ensuring the accused's attendance at trial and considering the views of victims. Accordingly, the court granted the accused release on a personal bond of Kshs. 1,000,000 with two sureties of similar amount, subject to approval by the Deputy Registrar, and imposed conditions requiring monthly court attendance until the conclusion of the...
Court Disposition
Bond granted with conditions.
Orders
- The accused is released on a personal bond of Kshs. 1,000,000 with two sureties of similar amount to be approved by the Deputy Registrar.
- Upon release, the accused is to attend court every month until the completion of the hearing of his case or by further orders of the court.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAMIRA
MURDER CRIMINAL CASE NO. 3 OF 2016
STATE……………………………..……………...………….APPLICANT
-VERSUS-
BERNARD OSIKE OBWOGE alias EVANS ONKEO OSIKE…ACCUSED
R U L I N G
This is an application for bond made by the defence consent Mr. Bwonwong’a for the accused person. It was made on the 5th April, 2016.
The accused person, BENARD OSIKE OBWOGE ALIAS EVANS ONKEO OSIKE was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code.
The particulars thereof are that on the 14th day of February 2016 at [Particulars Withheld] village of Irianya Location within Masaba South Sub-County in Kisii in the Republic of Kenya murdered E M a boy aged (3) three years and six months.
Bail/Bond is a constitutional Right for the accused person. Article 49 (1) (h) says: An arrested person has a right-
“To be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released”.
The state did not object to the application for bond. However he urged the court to give such terms of bond that the accused person attends court until the completion of his trial.
The objective of bail/bond is to guarantee that an accused person attends court for his trial. However, bail/bond must, at the same time, balance the rights of the accused persons and the interest of justice.
The state has a duty to prosecute those who commit crimes, which may entail qualifying the individual right to liberty.
This balance must include the views of victims of the crime in admitting the accused person to bail/bonds.
Therefore this court will release the accused person on (a) a personal bond of Kshs.1, 000,000 with two (2) sureties of similar amount to be approved by the Deputy Registrar of the Court (b) upon release the accused is expected to attend court every month until the completion of the hearing of his case or by orders of this court.
(c) Any one default of the terms of this bond, the same will be cancelled forthwith and the sureties made to account.
(d) His first such attendance to be on 30th May, 2016
Orders accordingly.
Dated and delivered at Nyamira High Court this 29th day of April 2016.
C.B. NAGILLAH
JUDGE
In the presence of:
Bwonwong’a for accused persons
Konga for the State
Mercy Court clerk