[2013] KEHC 7087 (KLR)
The court found that the prosecution did not oppose the bail application and did not present any compelling reasons to deny bail. Therefore, the accused is entitled to bail as a constitutional right. The court allowed the application, setting terms to ensure the accused's attendance and prevent absconding, including...
Source-derived case information.
- Citation
- [2013] KEHC 7087 (KLR)
- Parties
- Respondent: Republic of Kenya; Defendant: Kennedy Ochieng Kisakwa
- Court
- High Court
- Court Station
- High Court at Nyandarua
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2012
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted to the accused on specified terms.
- Judges
- EM Muchoki
- Legal Topics
- Bail Application, Murder Charge, Compelling Reasons, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Respondent
Kennedy Ochieng Kisakwa
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
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 the prosecution did not oppose the bail application and did not present any compelling reasons to deny bail. Therefore, the accused is entitled to bail as a constitutional right. The court allowed the application, setting terms to ensure the accused's attendance and prevent absconding, including a bond of Kshs.3 million with two substantial sureties of similar amount, approval of sureties by the Deputy Registrar, and monthly court mentions pending trial.
Court Disposition
Bail granted to the accused 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
32 paragraphs
REPUBLIC OF KENYA
Cases in Magistrate Courts
Criminal Case 9 of 2012 [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 …………………………………………..…….……….RESPONDENT.
VERSUS
KENNEDY OCHIENG KISAKWA…………………...……….……ACCUSED.
RULING.
The accused person is charged with murder C/Sec 203 as read with Sec 204 of the penal code. The particulars are that on 21. 5.2012 at Ngera village in Suba District within Homa Bay County in the Republic of Kenya, jointly with others before court murdered Emmanuel Ochieng Odeny. He pleaded not guilty to the charge and has applied for bail/bond pending the trial.
Miss Valery – learned counsel for the Republic has intimated that she does not oppose the application but terms imposed ought to be such that the accused person shall not abscond.
Under Article 49(1)(h) of the constitution, an accused person is entitled to be released on bail on reasonable terms unless there are compelling reasons not to release him. The onus to prove such compelling reasons lie with the prosecution. In this case the counsel for the state does not object meaning there are no compelling reasons not to release the accused person.
In the circumstances his application is allowed upon the following terms:
1. That he shall execute a bond of Kshs.3 million with 2 substantial sureties of similar amount.
2. That those sureties shall be examined and approved by the Deputy Registrar.
3. That pending the trial the accused shall attend court for mention once every month.
4. Hearing on 22. 4.2013.
Signed, dated and pronounced in open court at Homa Bay this 10th day of April, 2013.
E.N. MAINA
JUDGE
In presence of:-
Miss Valery for state
Mr. Nyawencha for accused
Accused person
Eudice – Dholuo/interpreter
Interpretation- English/Dholuo
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