[2023] KEHC 25499 (KLR)
The court held that the right to bail is constitutionally guaranteed to all accused persons, including those charged with murder, unless the prosecution demonstrates compelling reasons to deny bail. In this case, the prosecution did not oppose the application and failed to provide any compelling reasons....
Source-derived case information.
- Citation
- [2023] KEHC 25499 (KLR)
- Parties
- Applicant: State; Defendant: Evans Oduor Ochieng; Defendant: Moris Kennedy Atieno Alias ‘Morio
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E038 of 2023
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Application for bail allowed.
- Judges
- DO Ogembo
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Right to Bail, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Evans Oduor Ochieng
Defendant
Moris Kennedy Atieno Alias ‘Morio
Defendant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial despite being charged with murder.
- 2 Whether the prosecution has demonstrated compelling reasons to deny bail.
Ratio Decidendi
The court held that the right to bail is constitutionally guaranteed to all accused persons, including those charged with murder, unless the prosecution demonstrates compelling reasons to deny bail. In this case, the prosecution did not oppose the application and failed to provide any compelling reasons. Consequently, the court found no justification to deny the accuseds their right to bail and allowed the application, setting the terms for their release.
Court Disposition
Application for bail allowed.
Orders
- Each accused may be released on bond of Kshs. 200,000 with one surety of a similar amount.
- Alternatively, each accused may be released upon deposit of cash bail of Kshs. 100,000.
Full Case Text
Judgment text and source record
19 paragraphs
State v Ochieng & another (Criminal Case E038 of 2023) [2023] KEHC 25499 (KLR) (15 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25499 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E038 of 2023
DO Ogembo, J
November 15, 2023
Between
State
Prosecution
and
Evans Oduor Ochieng
1st Accused
Moris Kennedy Atieno Alias ‘Morio
2nd Accused
Ruling
1. The 2 accuseds are charged with 3 counts of Murder contrary to Section 203 as read with Section 204 of the Penal Code. They have made an application to be released on bail pending the determination of their case. The Prosecution is not opposed to the application raised by the accuseds.
2. Article 49(1)(h) guarantees all accused persons the right to pre-trial bail irrespective of the charges that they face. The right to bail may only be denied where it is shown the existence of compelling reasons. In this case, the Prosecution has not shown the existence of any such compelling reasons. In the circumstances, I allow the application of the accuseds and order that accuseds may be released on bond on the following terms:i.Each may be released on bond of Kshs. 200,000/= with 1 Surety of a similar amount.ii.In the alternative, each may be released upon deposit of cash bail of Kshs. 100,000/=.iii.If released on bail, the accuseds are ordered not to interfere with any Prosecution witnesses till this case is determined.iv.The accused are ordered to attend court at all times as would be ordered from time to time till this case is determined.It is so ordered.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 15TH DAY OF NOVEMBER, 2023D.O. OGEMBOJUDGENovember 15, 2023Court:Ruling read out in Open court in presence of accuseds and Ms. Mumu for State.Advocate absent.D.O. OGEMBOJUDGENOVEMBER 15, 2023