Republic v Meshack Onyando Onchiri [2015] KEHC 3352 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL CASE NO.13 OF 2015

REPUBLIC

VERSUS

MESHACK ONYANDO ONCHIRI    -           ACCUSED

RULING

This is an oral application for the accused person to be released on bond pending the hearing and determination of his/her case.

The accused person is charged for murder contrary to Section 203 as read with Section 204 of the Penal Code.  The particulars of the offence are as follows: On the 25th day of March 2015 at Bomuri village, Kanyimbo Location in Gucha Sub-county within Kisii County in the Republic of Kenya, jointly with others not before court, murdered Joseph Makori Nyatundo.

The right to bond/bail is a constitutional right as envisaged by the Constitution.  Article 49(1) says: “An arrested person has a right (h) 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 opposing this application.

In the pre-bail assessment report filed on 25th May 2015, the accused is aged 37 years and married.  He has three children.  His family members are ready to stand surety for him.  The accused is ready to comply with bond terms and attend court.

As the accused person has a constitutional protection, the victim’s family also has a constitutional protection.  It is therefore incumbent upon the court to balance the rights of the accused persons and the rights of the victim family in the issuance of the bond/bail to the accused person.

In the light of the State’s submission above and in the light of the pre-bail assessment report above referred to, this court, bearing in mind the Constitutional rights of all the parties and the need for the accused person to attend court at his trial, this court, accordingly, will release the accused person on a personal bond in terms following:

A personal bond of Ksh.1,000,000/= with two sureties of similar amount.  The same be approved by the Deputy Registrar of this court, on conditions that:

He attends court every month for mention of his case until the hearing and disposal of his case or until further court orders.

The first such mentioned to be on 24th August 2015.

Any one default, the bond will be immediately cancelled and the sureties made to account.

It is so ordered.

Dated, signed and delivered in open court at Kisii this 31st day of July 2015

HON. C. B. NAGILLAH

JUDGE

In the presence of:

Sepele for State

M/S Sagwe holding brief for M/S Miencha for Accused

Samuel Omuga: court clerk