Republic v Paul Onkoba Nyakona [2016] KEHC 2906 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL CASE NO. 19 OF 2016

REPUBLIC………………………..…….……..PROSECUTOR

VERSUS

PAUL ONKOBA NYAKONA……………......……..ACCUSED

RULING

1. PAUL ONKOBA NYAKONA, the accused person herein, faces the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.

2. The particulars of the charge are that on 2nd July 2016 at Mogenda village in Gucha South Sub-County within Kisii County murdered DENNIS NYAKWEBA ORENGO.

3. The accused pleaded not guilty to the said charge on 12th July, 2016 and is currently awaiting his trial.

4. Soon after the plea was taken, Mr. Okemwa, learned counsel for the accused, applied for his release on bond pending his trial.  Mr. Otieno, counsel for the states did not oppose the said application for bond.

5. In view of the above, and taking into consideration, the fact that the acused’s application for bond was not opposed, I hereby allow the application in line with the Provisions of Article 49 (1) (h) of the Constitution that guarantees every accused person the right to bond except where there are compelling reasons for not granting the same.

6. I therefore order that the accused be released on his own personal bond of Kshs. 500,000/= with 2 sureties of a similar amount.

7. Upon being released on bond, the accused shall attend court whenever he is required to do so failure of which his bond may be cancelled and the sureties called to account.

Delivered, dated and signed in at Kisii on 5thof September, 2016.

W.A. OKWANY

JUDGE

In the presence of:

- Mbelete for the State

- Kaburi  for the Accused

- Omwoyo court clerk