[2024] KEHC 8766 (KLR)
The court found that the right to bail is constitutionally guaranteed and may only be limited if the prosecution demonstrates compelling reasons. In this case, the prosecution did not oppose bail and failed to provide any compelling reasons to justify continued detention. The court also considered the advanced age...
Source-derived case information.
- Citation
- [2024] KEHC 8766 (KLR)
- Parties
- Applicant: State; Defendant: Peter Muhua Odaha; Defendant: Leonard Oumma Ogola
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E030 of 2024
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted to both accused persons on specified terms.
- Judges
- DO Ogembo
- Legal Topics
- Bail and Bond, Compelling Reasons, Right to Fair Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Peter Muhua Odaha
Defendant
Leonard Oumma Ogola
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial under Article 49 (i) (h) of the Constitution.
- 2 Whether the prosecution has demonstrated any compelling reasons to deny bail to the accused persons.
Ratio Decidendi
The court found that the right to bail is constitutionally guaranteed and may only be limited if the prosecution demonstrates compelling reasons. In this case, the prosecution did not oppose bail and failed to provide any compelling reasons to justify continued detention. The court also considered the advanced age of the accused and the health condition of the second accused. Consequently, the court held that it was proper and just to grant bail to the accused persons without further delay, subject to reasonable terms to ensure their attendance at trial and non-interference with witnesses.
Court Disposition
Bail granted to both accused persons on specified terms.
Orders
- Each accused may be released on a bond of Kshs. 500,000 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
20 paragraphs
State v Odaha & another (Criminal Case E030 of 2024) [2024] KEHC 8766 (KLR) (16 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8766 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E030 of 2024
DO Ogembo, J
July 16, 2024
Between
State
Prosecutor
and
Peter Muhua Odaha
1st Accused
Leonard Oumma Ogola
2nd Accused
Ruling
1. I have considered the application by the defence for release of the accused on bond. Principally, the prosecution is not opposed to the release of accused on bond on reasonable terms. Article 49 (i) (h) of the Constitution guarantees the right to bail to all accused, which right can only be limited upon proof of any compelling reason. No such compelling reason has been shown to exist by the prosecution.
2. The accused have been held in custody for 40 days. They are obviously of advanced age. And atleast for accused 2, the court has been informed of his health conditions. In all fairness, it is only proper and just to place the accused on bail without any further delay.
3. In the circumstances, I order that accused may be released on bond on the following terms:-i.Each may be on a bond of Kshs. 500,000/= with one surety of a similar amount.ii.In the alternative, each may be released upon deposit of cash bail of Kshs.100,000/=.iii.The accused are ordered not to interfere with or contact any of the prosecution witnesses, either directly or by proxy till this case is determined.iv.The accused, if released on bail 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 THIS 16TH DAY OF JULY, 2024. D. O. OGEMBOJUDGE16/7/2024CourtCase is hereby fixed for hearing. The prosecution is ordered to supply the defence with copies of witness statements and exhibits. Hearing on 8/10/2024.