[2014] KEHC 311 (KLR)
The court found that the State did not oppose the application for bail and failed to provide any compelling reasons to deny the accused bail as required under Article 49(1)(h) of the Constitution. The pre-bail probation report was favourable to the accused and recommended the granting of bond. In the absence of any...
Source-derived case information.
- Citation
- [2014] KEHC 311 (KLR)
- Parties
- Applicant: Godfrey Abuya Ogati; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 50 of 2014
- Procedural Posture
- Criminal Murder Case / Ruling on Bail Application Pending Trial
- Outcome
- application for bail allowed
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Abuya Ogati
Applicant
State
Respondent
Procedural Posture
Criminal Murder Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail in a murder case.
Ratio Decidendi
The court found that the State did not oppose the application for bail and failed to provide any compelling reasons to deny the accused bail as required under Article 49(1)(h) of the Constitution. The pre-bail probation report was favourable to the accused and recommended the granting of bond. In the absence of any objection or evidence of compelling reasons, the court held that the accused was entitled to be released on bond pending trial. The court therefore allowed the application and set the terms of release accordingly.
Court Disposition
application for bail allowed
Orders
- The accused is to be released on his own personal bond of KES 500,000 with two sureties of similar amounts to be approved by the Deputy Registrar.
- Upon release, the accused shall attend court for the mention of his case once a month until the case is heard and determined.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL (MURDER) CASE NO. 50 OF 2014
STATE……………………………………………………………………..PROSECUTOR
VERSUS
GODFREY ABUYA OGATI……….…………………………………………ACCUSED
RULING
The accused herein, Godfrey Abuya Ogati, is charged with murder contrary to Section 203 as read with section 204 of the Penal Code. It is alleged that he murdered Silvanus Omboga Makunga on the 5th day of April, 2014 at Bogetacho village within Kisii Sub-District in Kisii County in the Republic of Kenya. He denied the charge. He now wants this honourable court to release him on bond pending the hearing and determination for his case.
This application is brought under article 49(1)(h). Under that article an accused has a right to be released on bond or bail, on reasonable conditions pending a trial unless there are compelling reasons not to be released. The state has a duty to show the court that there are compelling reasons why the accused in this case cannot be released on bond.
In this case the state they have not filed affidavit in reply thereof. The purpose of granting bail is to secure the attendance of the accused in court from the safety of his own home environment. The social assessment report is also favourable to the accused, bond is recommended.
In the circumstances, I find that since the prosecution has no objection to the accused be released on bond and the pre-bail probation report is favourable, thus there are no compelling reasons why the accused’s application should not be granted.
Accordingly, I allow the application and order that the accused is to be released on his own personal bond of kshs. 500,000/- with two sureties of similar amounts to be approved by the Deputy Registrar of this court.
Upon his release, the accused shall attend court for the mention of his case once a month until the case is heard and determined. The first such mention shall be on the 1st of December, 2014.
It is so ordered.
Ruling dated and delivered at Kisii this 21st day of October, 2014.
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Mageto holding brief for Bigogo for the applicant
Otieno for the state.
Edwin Mongare Court Clerk.