STATE v AMOS OMONDI AREGO [2011] KEHC 591 (KLR)
- Court
- High Court of Kenya
- Case number
- 591
- Citation
- [2011] KEHC 591 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureApplication for bond pending trialCoramRUTH NEKOYE SITATI
Holding
The court grants the application and orders the accused to be released on his own personal bond of Kshs.1,000,000/= with two sureties of similar amounts to be approved by the Deputy Registrar of this court.
Facts
The accused, Amos Omondi Arego, is charged with murder on July 4, 2011, at Nyachebe Beach, Kasgunga Sub Location, Gembe West Location in Mbita District of Homa Bay County. He denies the charge and seeks release on bond.
Issues
- Whether the accused should be released on bond pending trial
- Whether the provisions of section 123 of the Criminal Procedure Code are null and void in view of the Constitution of Kenya
Reasoning
The court finds that the accused has a right to be released on bond or bail, on reasonable conditions pending a trial, as per Article 149 (1) (h) of the Constitution of Kenya. The state has not shown compelling reasons to deny bail.
Outcome
The accused is released on bond pending trial.
Orders
- The accused is to be released on his own personal bond of Kshs.1,000,000/= with two sureties of similar amounts to be approved by the Deputy Registrar of this court.
- The accused shall attend court for the mention of his case once a month until the case is heard and determined.
Remedies
- Release on bond pending trial
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Constitution of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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