Republic v Ombichi [2023] KEHC 25330 (KLR)

Republic v Ombichi (Criminal Case E047 of 2023) [2023] KEHC 25330 (KLR) (Crim) (15 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25330 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Case E047 of 2023

LN Mutende, J

November 15, 2023

Between

Republic

Prosecutor

and

Dennis Mageto Ombichi

Accused

Ruling

1. Dennis Mageto Ombichi, the accused/applicant is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the information being that on the 17th day of May, 2023, along Outering Road near Kware Footbridge in Embakasi within Nairobi, he murdered Brian Omoti Ondari.

2. The applicant seeks to be released on bail/bond pending trial on reasonable terms, an application that is unopposed as the State have no compelling reasons requiring his continued incarceration.

3. An accused person’s right to bail pending trial is a constitutional one as envisaged under Article 49 (1) (h) of theConstitution that provide as follows:An accused person has the 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.

4. It is also within the accused person’s right to fair trial to be presumed innocent until he is convicted by a court of law. This means that any incarceration during trial must be informed by the law.

5. According to Section 9(2)(a) of the Victim Protection Act, victims have a right of their views being presented to the court at all stages. According to the Pre-bail Report filed herein on 8th November, 2023, the secondary victims are still bitter, agonizing in pain over the incident. They were not contented by the manner in which the case was handled by the police and ODPP though they did not divulge what the issue was all about. However, the community did not have any objection to the accused being released on bail.

6. Article 52 of theConstitution envisages an accused person being innocent until proven guilty. That being the case it will not be right for the accused to be incarcerated during trial.

7. In the premises, I grant the accused bond of Kenya Shillings Five Hundred Thousand (Kshs 500,000/-) with a surety in an even sum.

8. It is so ordered

DATED, SIGNED AND DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS AT NAIROBI, THIS 15THTH DAY OF NOVEMBER, 2023. L. N. MUTENDEJUDGEIn The Presence Of:Ms. Gataghai for Accused/ApplicantMs. Dela for ODPPCourt Assistant – Mutai