Republic v Isack Olang Onserio & Hezron Ouma Karani [2016] KEHC 6028 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISII

CRIMINAL MURDER NO. 54 OF 2015

REPUBLIC.............................................................................PROSECUTOR

VERSUS

1. ISACK OLANG ONSERIO...............................................1ST ACCUSED

2. HEZRON OUMA KARANI...............................................2ND ACCUSED

RULING

1. The 2 accused persons herein ISACK OLANG ONSERIO and HEZRON AUMA KARANI are charged with one count of murder contrary to Section 203 as read with Section 204 of the Penal Code.

It is alleged that on 14th November, 2015 at Magenche Location in Kenyenye Sub-County within Kisii County jointly murdered QUINNE NYABOKE.

2. The accused persons pleaded not guilty to the said charge on 3rd December, 2015 and are currently awaiting their trial.  They have now, through their advocate Mr. Okemwa applied to be released on bond pending their trial.

3. Mr. Otieno for the state informed the court that he had no compelling reasons why the accused cannot be released on bond.

4. Needless to say, under Article 49 (1) (h) of the Constitution, every arrested person is entitled to be released on bond except where there are compelling reasons to deny them bond.

5. In view of the above, I allow the accused’s application for bond in the following terms:

a. Each accused person may be released upon executing their own personal bond of Kshs. 500,000/= with each providing 2 sureties of a similar amount.

b. Once on bond, they shall appear in court whenever they are required to do so by the Honourable Court until the case is heard and determined or until further orders of this Honourable Court.

c. In default of (2) above, the bond shall be cancelled immediately and the sureties taken to account.

Delivered, dated and signed in at Kisii on 24th day of March, 2016.

W.A. OKWANY

JUDGE

In the presence of:

Mr. Otieno for prosecutor

Mr. Okemwa for accused

Mr. Omwoyo – Court Clerk