Case ID:169954

Republic v Dominic Mutinda Musomba [2021] eKLR

Case Metadata

Case Number:

Criminal Case E004 of 2020

Parties:

Republic v Dominic Mutinda Musomba

Date Delivered:

11 Feb 2021

Case Class:

Criminal

Court:

High Court at Makueni

Case Action:

Ruling

Judge(s):

George Matatia Abaleka Dulu

Citation:

Republic v Dominic Mutinda Musomba [2021] eKLR

Court Division:

Criminal

County:

Makueni

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

HCCR NO. E004 OF 2020

REPUBLIC ................................................................. PROSECUTION

-VERSUS-

DOMINIC MUTINDA MUSOMBA......................................ACCUSED

RULING

1. The accused person

Dominic Mutinda Musomba

who stands charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code (Cap 63) has orally asked to be released on bond/bail on reasonable terms through his counsel Mr. Kioko.

2. The State through Prosecuting Counsel Ms. Gakumu do not oppose the release of the accused person on bail/bond as they have not received any adverse report, but the Prosecuting Counsel has asked that the terms of bail be commensurate with the nature of the offence charged.

3. Under Article 49(1) (h) of the Constitution of Kenya 2010, every arrested person has a right to be released on bond/bail on reasonable terms. The said Article provides as follows –

“

49(1) An arrested person has the right –

(b)

to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released”

4. Courts have held that the primary responsibility of demonstrating compelling reasons for denial of bond or bail rests with the prosecution. Courts have also taken into account other factors that have come into their knowledge from any other persuasive sources like Probation Officer’s reports in determining whether or not to grant bail.

5. In the present case, the prosecution has no objection to the accused person being released on bond bail. On my part from the information availed to the court at this stage, I find no compelling reason to deny the accused person release on bond or bail.

6. I thus allow the application of the accused and order as follows:-

1) The accused herein

Dominic Mutinda Musomba

may be released on signing his own bond of

Kshs.100,000/=

with

one surety of similar amount.

2) In the alternative he may be released on payment of

cash bail of Kshs.200,000/=.

3) He will not interfere with prosecution witnesses.

4) He will attend every mention and the hearing of the case until it is finalized.

Delivered, signed & dated this 11

th

day of February, 2021, in open court at Makueni.

………………………………….

GEORGE DULU

JUDGE