Republic v Mary Akinyi Ngesa & Stephen Odhiambo Obonyo [2013] KEHC 3036 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL CASE NO. 27 OF 2013

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

-VERSUS-

MARY AKINYI NGESA …………………………..………………..…………. 1ST ACCUSED

STEPHEN ODHIAMBO OBONYO ……………..……………….…………….2ND ACCUSED

RULING

The accused persons who are charged with murder contrary to section 203 as read with section 204 of the Penal Code seeks to be released on bail pending trial.

In arguing the application for bail, counsel for the accused/applicant submitted that the accused persons both aged 27 and on retro-viral HIV treatment with young children aged 10, 8 and 5 for the 1st accused and 4 years for the 2nd accused, undertook to attend court whenever required to do so.

Counsel for the state, Mr. Majale confirmed that the state had no compelling reasons why the accused should not be released on bail.  No affidavit in response to bail was filed.

On examination by the court, the accused confirmed that they each had a person to stand surety for them, the father in the case of the 1st accused who offered his 3 acre parcel of land and a brother in the case of the 2nd accused who offered his 4 acre piece of land.

In the absence of any compelling reasons for the refusal of bail, the accused are released on bail pending trial on terms that:

The accused to execute a bond of kshs. 300,000/=

The accused to provide (1) surety for the similar amount of kshs. 300,000/=

The Accused shall not to leave the jurisdiction of the court without permission of the court.

Accused to attend to the Deputy Registrar of the court ever 30 days pending the hearing and determination of the trial.

Dated and delivered this 29th day of MAY 2013.

…………………………………………………

EDWARD M. MURIITHI

JUDGE

In the presence of: -

Mr. Okenye for the Accused

Miss Cheruiyot for the State

Mr. Edwin Mongare Court Clerk

…………………………………………………

EDWARD M. MURIITHI

JUDGE