[2024] KEHC 1418 (KLR)
The court found that the issue of bond had already been addressed in a previous ruling, which denied bond on the grounds that the accused's security was at risk due to threats from the public. Since there was no formal application for review of that order, and the present application did not present new grounds or...
Source-derived case information.
- Citation
- [2024] KEHC 1418 (KLR)
- Parties
- Respondent: State; Applicant: Jefferson Momanyi Monene
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Judgment Date
- 29 January 2024
- Case Number
- Criminal Case E013 of 2023
- Procedural Posture
- Criminal Case / Bond Application Ruling
- Outcome
- Bond application declined; previous order denying bond remains in force.
- Judges
- TA Odera
- Legal Topics
- Bail and Bond, Pretrial Detention, Threat to Security
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Respondent
Jefferson Momanyi Monene
Applicant
Procedural Posture
Criminal Case / Bond Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bond in light of previous denial based on security concerns.
- 2 Whether the court should interfere with the previous order denying bond.
Ratio Decidendi
The court found that the issue of bond had already been addressed in a previous ruling, which denied bond on the grounds that the accused's security was at risk due to threats from the public. Since there was no formal application for review of that order, and the present application did not present new grounds or challenge the previous decision, the court declined to interfere with the existing order. The court emphasized the need to expedite the hearing and directed that a further pre-bail report be availed at the next mention date.
Court Disposition
Bond application declined; previous order denying bond remains in force.
Orders
- Hearing of the matter to be expedited.
- A further pre-bail report to be availed at mention on 4.3.24.
Full Case Text
Judgment text and source record
19 paragraphs
State v Monene (Criminal Case E013 of 2023) [2024] KEHC 1418 (KLR) (29 January 2024) (Ruling)
Neutral citation: [2024] KEHC 1418 (KLR)
Republic of Kenya
In the High Court at Kisii
Criminal Case E013 of 2023
TA Odera, J
January 29, 2024
Between
State
Prosecutor
and
Jefferson Momanyi Monene
Accused
Ruling
1. This matter came up for mention on 5. 11. 23 when counsel for accused applied for bond on behalf of accused saying he was not granted bond. I have had an opportunity to peruse the court file herein and noted that there is a Ruling by Hon. Justice Gichohi dated 27. 6.23 which denied accused bond on the ground that his security is not guaranteed at home and members of public have threatened to lynch him if released. The court ordered that accused remains in custody and the case be expedited. It is therefore not true that bond was not dealt with as counsel wants this court to believe.
2. This court is not being asked to review the said orders. I decline to interfere with the said orders.
3. I direct that the hearing of this matter be expedited and order that a further pre-bail report be availed mention on 4. 3.24.
4. Hearing date is reviewed to 4. 3.24
DATED, DELIVERED AND SIGNED AT KISII THIS 29TH DAY OF JANUARY 2024. T. A ODERAJUDGEIn the presence of:Mr. Koima for the StateMr. Nyangacha for the Accused Person/ApplicantCourt Assistant: OigoNyangacha: May all the witnesses be availed.Koima: all witness will be availed.Order: all witnesses be availed.T.A ODERAJUDGE