[2014] KEHC 324 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail, as required under Article 49(1)(h) of the Constitution. The prosecution did not oppose the application and failed to file any affidavit in reply. Additionally, the pre-bail probation report was favourable to...
Source-derived case information.
- Citation
- [2014] KEHC 324 (KLR)
- Parties
- Applicant: John Omonywa Mose; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Murder Case 55 of 2014
- Procedural Posture
- Criminal Murder Case / Ruling on Bail Application Pending Trial
- Outcome
- application for bail allowed; accused released on bond with conditions
- 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
John Omonywa Mose
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 for a murder charge.
- 2 Whether there are compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail, as required under Article 49(1)(h) of the Constitution. The prosecution did not oppose the application and failed to file any affidavit in reply. Additionally, the pre-bail probation report was favourable to the accused and recommended the granting of bond. Therefore, the court exercised its discretion to grant bail, ordering the accused's release on his own personal bond with sureties, subject to approval by the Deputy Registrar, and imposed conditions for regular court attendance until the case is heard and determined.
Court Disposition
application for bail allowed; accused released on bond with conditions
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
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL (MURDER) CASE NO. 55 OF 2014
STATE....................................................PROSECUTOR
VERSUS
JOHN OMONYWA MOSE...............................ACCUSED
RULING
1. The accused herein, John Omonywa Mose, 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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 Sagwe for the applicant
Otieno for the state.
Edwin Mongare Court Clerk.