Republic v Richard Onduso Masinya & Erick Onchoke [2015] KEHC 1283 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.41 OF 2015
REPUBLIC
VERSUS
RICHARD ONDUSO MASINYA - 1ST ACCUSED
ERICK ONCHOKE - 2ND ACCUSED
RULING
1. The accused persons herein RICHARD ONDUSO MASINYA and ERICK ONCHOKEwere jointly charged with the offence of Murder contrary to Section 203as read with Section204 of the Penal Code.
The particulars of the charge are that on the night of 28th and 29th March 2015 at Iyabe location within Kisii South Sub-county in the Republic of Kenya, jointly murdered JOACHIM MOGERE.
2. They both denied the offence and have now applied to be released on bond pending their trial. The State through their counsel Mr. Majale had no objection to the accused’s application for bond.
3. The pre-bail assessment reports filed by the Probation Officer on 26th October 2015 recommended that both the accused persons were suitable for release on bond at the court’s discretion.
Article 49 (1) (h) of the Constitution restates the right of any arrested person to bond except where there are compelling reasons when the court may decline to grant bond.
4. Accordingly, I allow the accused persons application for bond in the following terms:
a) Each accused person may be released on a personal bond of Ksh.500,000/= with each providing two sureties of a similar amount.
b) The sureties shall be approved by the Deputy Registrar of this court.
c) Upon their release, the accused shall attend court for mention once every 30 days until their case is heard and determined or until further orders of this court.
d) In default of (c) above without any justification the bond shall stand cancelled forthwith and the sureties called to account.
e) Mention on 14th December 2015.
f) Mention before the Deputy Registrar on 1st December 2015.
Dated, signed and delivered in open court this 30th day of October, 2015
HON. W. OKWANY
JUDGE
In the presence of:
Miss. Boyon for State
Kaburi for Accused
Omuga: Court clerk