State v Ochieng & another [2023] KEHC 25499 (KLR)

State v Ochieng & another (Criminal Case E038 of 2023) [2023] KEHC 25499 (KLR) (15 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25499 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E038 of 2023

DO Ogembo, J

November 15, 2023

Between

State

Prosecution

and

Evans Oduor Ochieng

1st Accused

Moris Kennedy Atieno Alias ‘Morio

2nd Accused

Ruling

1. The 2 accuseds are charged with 3 counts of Murder contrary to Section 203 as read with Section 204 of the Penal Code. They have made an application to be released on bail pending the determination of their case. The Prosecution is not opposed to the application raised by the accuseds.

2. Article 49(1)(h) guarantees all accused persons the right to pre-trial bail irrespective of the charges that they face. The right to bail may only be denied where it is shown the existence of compelling reasons. In this case, the Prosecution has not shown the existence of any such compelling reasons. In the circumstances, I allow the application of the accuseds and order that accuseds may be released on bond on the following terms:i.Each may be released on bond of Kshs. 200,000/= with 1 Surety of a similar amount.ii.In the alternative, each may be released upon deposit of cash bail of Kshs. 100,000/=.iii.If released on bail, the accuseds are ordered not to interfere with any Prosecution witnesses till this case is determined.iv.The accused are ordered to attend court at all times as would be ordered from time to time till this case is determined.It is so ordered.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 15TH DAY OF NOVEMBER, 2023D.O. OGEMBOJUDGENovember 15, 2023Court:Ruling read out in Open court in presence of accuseds and Ms. Mumu for State.Advocate absent.D.O. OGEMBOJUDGENOVEMBER 15, 2023