I have heard the prosecution counsel and defence counsel on the issue of bond.
Prosecution has submitted that they have no compelling reasons to deny accused bond and at the same time indicated that the community is hostile towards accused and sought stringent bond terms and sought stringent bond terms .
Defence have opposed stringent bond terms saying that accused are still innocent unless proven guilty under Article 50(2) (a) of the constitution of Kenya and they sought reasonable bond terms .
Reasonable bond is generally available to accused persons as a matter of right under Article 49 (1) (h) of the Constitution of Kenya unless there are compelling reasons.
It is also trite law that the purpose of bond is to ensure that accused comes back to court . Since there are no compelling reasons to deny bond the issue of security of accused and stringent terms do not arise . In any event it is a mere statement from the bar not supported by an affidavit from the investigating officer. I find bond of Kshs. 500,000/= WSLS would be reasonable in this case . I grant bond on those terms . Mention on. 19.2.26 . Hearing on 6.7.26 Prosecutions bundle of evidence be supplied to defence.
T.A ODERA
JUDGE
27.1.26
Prosecution has submitted that they have no compelling reasons to deny accused bond and at the same time indicated that the community is hostile towards accused and sought stringent bond terms and sought stringent bond terms .
Defence have opposed stringent bond terms saying that accused are still innocent unless proven guilty under Article 50(2) (a) of the constitution of Kenya and they sought reasonable bond terms .
Reasonable bond is generally available to accused persons as a matter of right under Article 49 (1) (h) of the Constitution of Kenya unless there are compelling reasons.
It is also trite law that the purpose of bond is to ensure that accused comes back to court . Since there are no compelling reasons to deny bond the issue of security of accused and stringent terms do not arise . In any event it is a mere statement from the bar not supported by an affidavit from the investigating officer. I find bond of Kshs. 500,000/= WSLS would be reasonable in this case . I grant bond on those terms . Mention on. 19.2.26 . Hearing on 6.7.26 Prosecutions bundle of evidence be supplied to defence.
T.A ODERA
JUDGE
27.1.26