Republic v Erick Kiboi Ombati, Edward Mauti Obiero & Evans Oyondi Mauti [2016] KEHC 4822 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL CASE NO.21 OF 2015

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

VERSUS

ERICK KIBOI OMBATI….…………………………………..…….1ST ACCUSED

EDWARD MAUTI OBIERO………………………………………2ND ACCUSED

EVANS OYONDI MAUTI………………………………....………..3RD ACCUSED

RULING

1. The accused persons herein, ERIC KIBOI OMBATI, EDWARD MAUTI OBIERO and EVANS OYONDI MAUTI are jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.

2. The particulars of the charge are that on 18th January 2015 at Kabiero Location in Gucha South Sub-County within Kisii County, jointly murdered WILSON ONAMI NYATIENO.

3. The accused persons pleaded not guilty to the charge and are currently awaiting their trial.

4. On 1st March 2015, Mr. Kaburi advocate for the 2nd and 3rd  accused persons applied for their release on bond pending the hearing of their case.

5. Article 49 (1) (h) of the constitution, provides that bail is a constitutional right of every accused/arrested person and can only be denied where compelling reasons have been advanced by the `state.

6. In the instant case, the state, through Miss Mochama, indicated that they were not opposed to the accused persons being granted bond. I also note that the 1st accused had prior to the consolidation of this suit with Kisii HCCRC No. 30 of 2015 on 31st July, 2015 been granted bond of Kshs. 1,000,000/= with 2 sureties of a similar amount.

7. According therefore, I hereby allow the accused’s application for bond and order that each accused person shall be released upon executing their own personal bond of Kshs. 500,000/= with each one of them furnishing two (2) sureties of a similar amount.

8. Upon their release, each accused person shall be expected to attend court whenever they are required to do so until the determination of this case or further orders of this court.

9. It is further ordered that in default of any one appearance without any justifiable cause, the bond will be cancelled forthwith and the sureties called to account.

10. It is so ordered.

Dated, signed and delivered in open court this 3rd day of May, 2016

HON. W. A.OKWANY

JUDGE

In the presence of:

Otieno for the State

Kaburi & Soire for the Accuseds

Omwoyo court clerk