Republic v Michael Osoro Ogari [2016] KEHC 6663 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL CASE NO.36 OF 2015

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

VERSUS

MICHAEL OSORO OGARI......................CCUSED

RULING

The accused herein, MICHAEL OSORO OGARI, is charged with the offence of Murder contrary to Section 203as read withSection 204 of the Penal Code.

The particulars of the charge are that on the night of 20th June 2015, at Nyamemiso sub-location in Kisii Central District within Kisii County murdered ESTHER BOSIBORI KENNEDY.

The accused pleaded not guilty to the charges and is awaiting trial.

On 30th June 2015 the accused made an oral application for bond pending his trial.  The state did not oppose the accused’s application but the Probation Officer’s pre-bail assessment report filed in court on 27th October 2015 stated that the situation on the ground is still volatile as the community back at the accused’s home were still very bitter with him.

According to the said report, accused’s own grandmother was skeptical about his being released on bond in view of the possibility of the victim’s family revenging on him.

I note that in the above scenario, even though bond is a constitutional right of every accused person in line with Article 49 (1) (h) of the Constitution, the accused person in this case is not a suitable candidate to be released on bond at the moment.

I am convinced that the Probation Officer’s pre-bail report has raised compelling reasons to deny the accused bond.

Accordingly, I dismiss the said application for bond for now, but add that the accused may renew his application for bond in future should the tempers on the ground cool down.

It is so ordered.

Dated, signed and delivered in open court this 20th January 2016

HON. W. OKWANY

JUDGE

In the presence of:

Otieno for the State

Accused in person

Omwoyo: court clerk