State v Edwin Gikira Oberi [2017] KEHC 847 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYAMIRA

CRIMINAL CASE NO: 2 OF 2017

STATE......................................PROSECUTOR

-V E R S U S-

EDWIN GIKIRA OBERI................ACCUSED

R U L I N G

1. This is the ruling following an application for bond/bail by EDWIN GIKIRA OBERI. He was charged on 8th February, 2017 for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars thereof are that on the night of 26th day of January, 2017 at Bonyaiguba village,Bonyaiguba sub-location in Nyamira location within Nyamira County, jointly with others murdered ISAAC ONYINGE MACHORA.

2. Therefore pending the hearing and determination of his case, he seeks bond under the constitutional provisions.

3. The right to bond is a constitutional right, Article 49 (i) (h) says: “An arrested person has a right 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. Since the prosecution has not filled any compelling reasons why the accused should not be released on bond, this court accordingly would release the accused on personal bond of Ksh. 500,000/= with one surety of similar amount, the said to be approved by this Honourable court.

5. The accused is expected to attend court every month for the mention of this case until the determination of the case. Any default, the bond will be cancelled forthwith and the surety will be called to account. The first such mention to be on 4th of December, 2017

6. Orders accordingly.

Dated and delivered at Nyamira this 7th day of November, 2017

C. B. NAGILLAH

JUDGE

In the Presence of:-

Nyawencha hold brief for Bwonuonga for the accused.

Ochieng’ for the state.

Mercy Court Clerk