State v Owero & 2 others [2023] KEHC 23186 (KLR)

State v Owero & 2 others (Criminal Case E028 of 2023) [2023] KEHC 23186 (KLR) (4 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23186 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E028 of 2023

DO Ogembo, J

October 4, 2023

Between

State

Prosecution

and

Richard Omondi Owero alias Kwadha

1st Accused

Michael Nyawanda Omollo alias Kabaa

2nd Accused

Jocinta Adhiambo Ouko

3rd Accused

Ruling

1. The 3 accused Richard Omondi Owero, Michael Nyawanda Omollo, and Jacinta Adhiambo Ooko have made oral applications be released on bond/bail pending the determination of their case. The Prosecution has objected the release of accuseds on bail basically on 3 grounds, first that the accuseds are flight risks in view of the serious charge of Murder that they face. Secondly, that on the basis of their own security, safety, public security and order, the accused should be remanded in custody. And third, for accused 2 that he has the propensity of committing heinous crimes and he is likely to commit another crime if released on bond. The Prosecution has exhibited a letter from the area Chief in support of the objection.Article 50(i)(h) of the Constitution of Kenya provides;“An arrested person has the 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.”

2. The Constitution therefore guarantees the right to bail to all accused persons irrespective of the charges that they face. The right to bail, however, may only be denied should it be shown the existence of the compelling reason(s). These have been held to be such reasons as are strong enough as to justify a denial of the right to bail.

3. In our instant case, the Prosecutor’s submissions were based on the fears the Prosecution has in the release of the accuseds. No tangible evidence was shown to court to prove that accuseds are likely to abscond if released on bail. Neither has been shown how the release of accuseds on bond would lead to disturbance of peace and security or compromise the security of the accuseds themselves. And the letter of the Assistant Chief, referring to a previous case would really not amount to a compelling reason.

4. In the circumstances, I am not convinced that the Prosecution has established any compelling reasons good enough as to justify of the accuseds of their right to pre-trial bail. I allow the application of the accuseds and order that each of the accuseds may be released on bond on the following terms: -i.Each may be on 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 on bond, the accuseds are ordered to be reporting to the area Chief on the 1st Monday of every month at 10. 00 am till this case is determined or until further orders of this court.iv.The accuseds are ordered not to contact and or interfere with any Prosecution witnesses directly or by proxy till this case is determined.v.The accuseds shall attend court at all times as would be ordered by court till this case is determined.

Orders accordingly.Ruling read out in Open court in presence of the accuseds; Mr. Were for Accused 1 (also holding brief for Ochanyo for Accused 2), Ms. Owenga for Accused 3, Mr. Ombego for family and Ms. Mumu for State.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 4TH DAY OF OCTOBER, 2023. D.O. OGEMBOJUDGE4. 10. 2023