[2017] KEHC 857 (KLR)
The court held that the accused is entitled to bond as a constitutional right unless compelling reasons are shown to deny it. The only factor raised by the prosecution was that the accused had evaded arrest for over two years, which the court found relevant but not sufficient to deny bond outright. Instead, the...
Source-derived case information.
- Citation
- [2017] KEHC 857 (KLR)
- Parties
- Defendant: Geoffrey Ogeto Anyona; Respondent: State
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Murder Case 13 of 2016
- Procedural Posture
- Murder Case / Ruling on Bond Application
- Outcome
- Bond granted with stringent conditions.
- Legal Topics
- Bail and Bond, Compelling Reasons, Murder Offence, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Ogeto Anyona
Defendant
State
Respondent
Procedural Posture
Murder Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bond as per Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court held that the accused is entitled to bond as a constitutional right unless compelling reasons are shown to deny it. The only factor raised by the prosecution was that the accused had evaded arrest for over two years, which the court found relevant but not sufficient to deny bond outright. Instead, the court imposed stringent bond terms to mitigate the risk of absconding, granting the accused a personal bond of Kshs. 1,000,000 with two sureties of similar amount and strict attendance conditions.
Court Disposition
Bond granted with stringent conditions.
Orders
- The accused is granted a personal bond of Kshs. 1,000,000 with two sureties of similar amount.
- The accused must attend court every 30 days for mention of his case until hearing and determination.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAMIRA
MURDER CASE NO. 13 OF 2016
STATE..............................................................PROSECUTION
-VERSUS-
GEOFFREY OGETO ANYONA................................ACCUSED
R U L I N G
This is an application for bond by the accused person, Geoffrey Ogeto Anyona through Mr. Kaburi, the learned counsel representing him.
The accused person was charged for the offence of murder contrary to Section 203 as read with 204 of the Penal Code. The particulars thereof were that on the night of 10th of October 2014 at Tombe shopping Centre, Kigwa Sub-location, in Manga sub-location within Nyamira County, murdered Sebastian Momanyi Apoko.
The right to bail/bond by the accused person is confirmed by article 49 (i) (h) of the Kenyan Constitution, effective on 27th August 2010. It says:
“An arrested person has the 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”
Are there compelling reasons for the accused person not be released on bond?
The prosecution although did not object court to the effect that the accused person evaded being arrested for this offence for over two long years.
What bearing does this have on his application?
To deter the accused to disappear, the terms will be stiff.
Accordingly, the accused is therefore given a personal bond of Kshs. 1,000,000 with two sureties of similar amount on the following terms and conditions:-
1. That he attends court every 30 days for mention of his case until the hearing and determination of his case.
2. That anyone default to attend court without justifiable reason, the bond will be cancelled forthwith and the two sureties called to account.
3. The sureties to be approved by the Deputy Registrar of this Honourable Court.
And upon his release, the accused to attend court for his first such mention on 22nd March 2017.
Orders accordingly.
Delivered at Nyamira High Court this 10th day of February, 2017.
C.B.NAGILLAH
JUDGE
In the presence of:-
Kaburi for the accused
Ochieng for the Respondent
Mobisa - Court Clerk