Republic v Carren Kerubo Omosa

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CRIMINAL CASE NO.39 OF 2015 REPUBLIC ...............................................PROSECUTOR VERSUS CARREN KERUBO OMOSA..........................ACCUSED RULING 1. The accused person herein CARREN KERUBO OMOSA is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on 22 nd June 2015 at Getenga village in Kisii Central District within Kisii County murdered THOMAS MONGARE NTABO. 2. The accused pleaded NOT GUILTY to the charge and thereafter applied to be released on bond pending her trial. 3. The right of an accused person is enshrined in the Constitution under Article 49 (1) (h) which states as follows: “(h) 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. In the instant case, the prosecution did not oppose the accused’s bond application and therefore, the issue of there being any compelling reasons to deny the accused bail does not arise. 5. Similarly, the Probation Officer’s pre-bail assessment report filed in court on 26 th October 2015 recommended the release of the accused on bond in the following words: “The accused may be granted bond with surety since her general conduct and character reveal that she is an honest person.” 6. Under the above circumstances, I hereby allow the accused’s application for bond in the following terms: a) The accused may be released upon executing her own personal bond of Ksh.500,000/= with 2 sureties of a similar amount. b) The proposed sureties shall be approved by the Deputy Registrar of this court.

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