1) BARNABAS ABUYA OMBASA the Accused, has been charged with the offence of murder. At plea, he denied committing the offence, and a plea of Not Guilty was entered. When he subsequently applied for bail/bond, this Court directed the Kisii County Probation Office, to file a Pre- bail Report.
2) The Report was filed on 11 th May 2026. It stated that from the information gathered by the Probation Office, the Accused is not suitable for release on bail/bond at this stage; for the following reasons:
1) That the local Administration, the community leadership and even his own family, oppose his release on bail/bond, citing safety concerns as a result of tension in the area.
2) That the Accused has a record of previous conflict with the law and previous involvement in crime.
3) That he is a flight risk.
3. The prosecution has supported the recommendation in the Report, and opposed his Application for release on bail/bond. His Advocate has for his part urged the Court to depart from those recommendations. Citing the presumption of innocence and the fact of bail being a constitutional right. He has argued that the Accused is a casual labourer, with a fixed place of abode.
4. While bail is a constitutional right under Article 49 of the Kenya Constitution, and this offence is bailable, with the findings in the Report and all the prevailing circumstances, I am not convinced that at this stage, the Accused is a proper person for release on bail/bond, however stringent the terms.
5. I therefore find it prudent to decline his plea for release on bail/bond, hence his Application is hereby dismissed.
DATED and DELIVERED at KISII on this 20 th day of May 2026.
2) The Report was filed on 11 th May 2026. It stated that from the information gathered by the Probation Office, the Accused is not suitable for release on bail/bond at this stage; for the following reasons:
1) That the local Administration, the community leadership and even his own family, oppose his release on bail/bond, citing safety concerns as a result of tension in the area.
2) That the Accused has a record of previous conflict with the law and previous involvement in crime.
3) That he is a flight risk.
3. The prosecution has supported the recommendation in the Report, and opposed his Application for release on bail/bond. His Advocate has for his part urged the Court to depart from those recommendations. Citing the presumption of innocence and the fact of bail being a constitutional right. He has argued that the Accused is a casual labourer, with a fixed place of abode.
4. While bail is a constitutional right under Article 49 of the Kenya Constitution, and this offence is bailable, with the findings in the Report and all the prevailing circumstances, I am not convinced that at this stage, the Accused is a proper person for release on bail/bond, however stringent the terms.
5. I therefore find it prudent to decline his plea for release on bail/bond, hence his Application is hereby dismissed.
DATED and DELIVERED at KISII on this 20 th day of May 2026.