State v Onyango [2023] KEHC 24637 (KLR)

State v Onyango (Criminal Case E036 of 2023) [2023] KEHC 24637 (KLR) (2 November 2023) (Ruling)

Neutral citation: [2023] KEHC 24637 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E036 of 2023

DO Ogembo, J

November 2, 2023

Between

State

Prosecution

and

Esau Onyango

Accused

Ruling

1. The accused Esau Onyango faces a charge of murder contrary to Section 203 as read with Section 203 of the Penal Code. He has made an application to be released on bail pending the hearing of his case. The Prosecution does not oppose the release of the accused on bail.

2. Bail is a constitutional right available to all accuseds irrespective of the nature of the charges that they face. In this case, the Prosecution has not shown any compelling reasons to warrant a denial of the right to bail. I allow the application an order that accused may be released on bail on the following terms:i.A bond of Kshs. 500,000/= with 1 Surety of a similar amount.ii.An alternative of Kshs. 100,000/= in cash bail.iii.If released, accused ordered not to interfere with Prosecution witnesses till case is determined.iv.Accused to attend court at all times till the case is determined.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 2ND DAY OF NOVEMBER, 2023D.O. OGEMBOJUDGE2. 11. 2023Court:Ruling read out in court in presence of accused and Ms. Mumu for State.Mr. Osala for the accused absent.D.O. OGEMBOJUDGE2. 11. 2023