[2013] KEHC 7081 (KLR)
The court held that the right to bail is guaranteed under Article 49(1)(h) of the Constitution unless the prosecution demonstrates compelling reasons to withhold it. In this case, the prosecution's grounds—namely, the existence of a land dispute, potential hostility, and possible interference with witnesses—were not...
Source-derived case information.
- Citation
- [2013] KEHC 7081 (KLR)
- Parties
- Defendant: Hezron Odondi Oloo alias ‘Jakotieno’; Applicant: Republic of Kenya
- Court
- High Court
- Court Station
- High Court at Nyandarua
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2013
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Application for bail allowed; accused granted bond on specified terms.
- Legal Topics
- Bail and Bond, Compelling Reasons, Murder Charge, Pre Bail Report
- 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
Hezron Odondi Oloo alias ‘Jakotieno’
Defendant
Republic of Kenya
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether the prosecution has demonstrated compelling reasons to deny bail to the accused.
Ratio Decidendi
The court held that the right to bail is guaranteed under Article 49(1)(h) of the Constitution unless the prosecution demonstrates compelling reasons to withhold it. In this case, the prosecution's grounds—namely, the existence of a land dispute, potential hostility, and possible interference with witnesses—were not substantiated by evidence or affidavits. The court found that none of the alleged grounds amounted to compelling reasons, and the pre-bail report did not reveal any factors warranting denial of bail. Consequently, the court allowed the accused's application for bond, setting terms to ensure attendance and compliance.
Court Disposition
Application for bail allowed; accused granted bond on specified terms.
Orders
- The accused shall execute a bond of Kshs. 3 million with two substantial sureties of similar amount.
- The sureties shall be examined and approved by the Deputy Registrar.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
Cases in Magistrate Courts
Criminal Case 6 of 2013 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
STATE………………………….….................………….PROSECUTOR.
VERSUS.
HEZRON ODONDI OLOO alias ‘JAKOTIENO’………….ACCUSED.
RULING
The accused person is charged with murder c/sec. 203 as read with S. 204 of the penal code the particulars being that on 15. 2.2010 at Kanyango Sub Location in Rachuonyo South District within Homa Bay County jointly with others not before court murdered CALEB OKETCH ABONG.
He pleaded not guilty to the charge and has applied to be released on bond/bail pending the trial. He was represented at the bail hearing by Mr. Ongoso Advocate who urged this court to release him on reasonable terms. He submitted that they would abide by any terms that the court may set. He urged the court to be lenient.
Miss Valery for the Republic opposed the application on grounds that the accused and the deceased had a long standing dispute and the accused may face a lot of hostility. She also submitted that there is a likelihood that he shall interfere with witnesses. She contended that the land dispute is still pending in court.
In reply Mr. Ongoso submitted that the state had not shown how the accused is going to interfere with witnesses. That there was no statement or affidavit. Further that the issue of a long standing dispute is mere speculation intended to make the accused to suffer in remand. He termed the submissions by the state hot air and urged the court to grant the accused bond.
Under Article 49(1)(h) of the constitution bail/bond is a right unless there are compelling reasons not to release the accused person. The burden to prove the compelling reasons is on the prosecution. In this case Miss Valery has cited a long standing land dispute between the accused and the deceased, the possibility that the accused may interfere with witnesses and that the accused is likely to be met with hostility as the grounds upon which bail ought to be held it will be noted that none of these grounds have been demonstrated. There is no concrete evidence that the accused shall interfere with witnesses which would be more plausible ground to refuse bail. A compelling reason in my view would be one that is so strong to warrant the court to withhold bail/bond. Miss Valery has not demonstrated a single compelling reason. I did ask for a pre-bail report which was duly received. There is nothing in it that would warrant the court to withhold bail. In the circumstances the accused’s application is allowed and he is hereby granted bond on the following terms:-
a)That he shall execute a bond of Kshs.3 million with 2 substantial sureties of similar amount.
b)That the sureties shall be examined and approved by the Deputy Registrar
c)Pending the trial he shall attend court once every month.
d)Hearing on 27. 5.2013.
e)Until bond is posted he shall be remanded in custody.
Signed, dated and delivered this 3rd day of May 2013
E.N. MAINA
JUGDE
In Presence of:-
Mr. Osoro holding brief for Nyambati for accused.
Miss Valary for the Republic
Eudice Okombo Dholuo interpreter.
Accused person.
[if gte mso 9]><![endif][if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif]