Republic v Joseph Kimonge Maranga [2015] KEHC 2437 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL CASE NO.40 OF 2015

REPUBLIC                             -       PROSECUTOR

VERSUS

JOSEPH KIMONGE MARANGA      -    ACCUSED

RULING

The accused person, through his counsel Mr. Ondari on 15th July 2015 applied to be released on bond pending the hearing and determination of his case.

The accused was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code.  The particulars of the offence are that on 14th July 2015 at Masimba Township in Masaba South District within Kisii County in the Republic of Kenya, murdered RASHID MICHAEL ENANE.

The accused person has a right to bond as envisaged by the Constitution in Article 49 (i) (h) which stipulates as follows:

“An arrested person has a right to be released on bond or bail, on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released.”

The State is not opposed to the accused being released on bond.  The pre-bail assessment report filed on 21st August 2015 is favourable to him.

Accordingly, this court orders that the accused person be released on bond in the following terms:

A personal bond of Ksh.1,000,000/00 with two (2) sureties of a similar amount.  The said bond shall be approved by the Deputy Registrar of this court on condition that;

The accused person attends court for mention of this case every month until the hearing and disposal of this case or until further orders of the court.

The first such mention shall be on 2nd November, 2015.

In the event of any one default, the bond shall be immediately cancelled and the sureties made to account.

It is so ordered.

Dated, signed and delivered in open court at Kisii this 1st day of October, 2015

HON. W. A. OKWANY

JUDGE

In the presence of:

Mr. Boiyon for State

M/S Bigogo for Accused

Mr. Kamula: Court clerk