Fred Oboga Omwoyo, the Accused, was arraigned to answer charges of murder. Particulars of the offence are that on 3/2/2024,at Manguo Area in Nyahururu Sub-County within Laikipia County he murdered Evans Omwoyo Oboga (Deceased). This was stated to have been in contravention of Section 203 as read with Section 204 of the Penal code.
Facts that can be gleaned from the prosecution case are that the deceased lived with the accused in the same house. On the 3/2/2024 the deceased was found in the house unresponsive. Inside the house was the Accused, his son, who was arrested.
Upon arraignment he denied the charges and now seeks to be released on bond pending trial. Through learned counsel, Mr. Muchangi, he urges that in accordance to Article 49(1)(h) and 50(2)(c0, (J) and (m) of the Constitution the burden lies with the prosecution to demonstrate compelling reasons to deny the accused bail.
This is, a case where learned prosecution counsel Mr. Obutu did not oppose the application. However, learned prosecution counsel Ms. Gladys Kariuki filed submissions urging the contrary. It is argued that there was need for protection of victims of the crime and the Accused is a flight risk.
To this the Applicant counsel submits that the arguments are unsupported by sworn deposition and thus have no evidential value. That the Accused is 21 years old, has a fixed place of abode, he has a documented history of mental health challenges, is supported by family members who will post bond and he will not interfere with witnesses.
I did call for a pre-bail report which indicates that the Accused abuses cannabis sativa, alcohol and ‘ Kadodo’ a drug in Manguo area which has resulted into him having mental issues. In the result , the family fears for his safety and theirs. These are serious allegations that should have been supported by affidavit evidence.
Considering the age of the Accused and the right to bail, I grant the Accused Bond of Kshs 500,000/- with two sureties in an even sum.
It is so ordered.
Facts that can be gleaned from the prosecution case are that the deceased lived with the accused in the same house. On the 3/2/2024 the deceased was found in the house unresponsive. Inside the house was the Accused, his son, who was arrested.
Upon arraignment he denied the charges and now seeks to be released on bond pending trial. Through learned counsel, Mr. Muchangi, he urges that in accordance to Article 49(1)(h) and 50(2)(c0, (J) and (m) of the Constitution the burden lies with the prosecution to demonstrate compelling reasons to deny the accused bail.
This is, a case where learned prosecution counsel Mr. Obutu did not oppose the application. However, learned prosecution counsel Ms. Gladys Kariuki filed submissions urging the contrary. It is argued that there was need for protection of victims of the crime and the Accused is a flight risk.
To this the Applicant counsel submits that the arguments are unsupported by sworn deposition and thus have no evidential value. That the Accused is 21 years old, has a fixed place of abode, he has a documented history of mental health challenges, is supported by family members who will post bond and he will not interfere with witnesses.
I did call for a pre-bail report which indicates that the Accused abuses cannabis sativa, alcohol and ‘ Kadodo’ a drug in Manguo area which has resulted into him having mental issues. In the result , the family fears for his safety and theirs. These are serious allegations that should have been supported by affidavit evidence.
Considering the age of the Accused and the right to bail, I grant the Accused Bond of Kshs 500,000/- with two sureties in an even sum.
It is so ordered.