Republic v Cosmas Mokaya Magori [2015] KEHC 183 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL CASE NO. NO.49 OF 2015

REPUBLIC…………………………………...……………………PROSECUTOR

VERSUS

COSMAS MOKAYA MAGORI……………………………………….ACCUSED

RULING

The accused person herein COSMAS MOKAYA MAGORI is charged with one count ofmurder contrary to Section 203as read withSection 204 of the Penal Code.

The particulars of the charge are that on 29th August 2015 at Sosera Sub-location in Masaba South Sub-county within Kisii county murdered EUNICE AYUMA MOKAYA.  The accused pleaded not guilty to the charge and applied to be released on bond pending his trial.  The state did not oppose the accused’s application for release on bond.

The pre-bail report was called for but not filed by the time this ruling was being prepared.

I note that the application for bond is not opposed by the state and indeed it is the constitutional right of every accused person to be released on bond pending trial except where there is compelling reasons to deny him bond.

5.  Accordingly, I allow the accused’s application for bond on the following terms:-

The accused may be released upon executing his own personal bond of Ksh.500,000/= with 1 surety of a similar amount.

The sureties shall be approved by the Deputy Registrar of this court.

Upon his release, he shall attend court whenever required to do so until the hearing and determination of his case or until further orders of this court.

In the event of default of No. (c) above without any justifiable cause, the bond shall be cancelled forthwith and the sureties called to account.

The first mention shall be on 20th January, 2016.

Dated, signed and delivered in open court this 11th day of December, 2015

HON. W. OKWANY

JUDGE

In the presence of:

Imbali for the State

Moseti for Kaburi for the Accused

Ogega: court clerk