Republic v George Amuke Okoyo

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU CRIMINAL CASE NO. E056 OF 2021 REPUBLIC..............................................................................................PROSECUTOR VS GEORGE AMUKE OKOYO..........................................................................ACCUSED RULING 1. The accused is charged with the offence of murder contrary to Section 203 and 204 of the Penal Code. He pleaded not guilty to that offence and is awaiting his trial. He is seeking bail pending the conclusion of the trial. 2. The accused is a 42 year old man, a father and a husband. 3. The learned counsel for the accused submitted that the accused has a medical condition which requires special care and which might not be accorded in custody. 4. The prosecution did not oppose bail. 5. Article 49 (1) (h) of the Constitution 2010 provides for the right of an accused person to be released on bail. That provision is as follows:- “An arrested person has the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.” 6. The primary consideration by the court when a bail application is made is, whether the accused will attend trial. This was reiterated in the case REPUBLIC VS. ROBERT ZIPPOR NZILU (2018) eKLR:- “I associate myself with the view expressed by Muriithi, J in KELLY KASES BUNJIKA VS. REPUBLIC (supra) that: ‘It is clear that the primary consideration for bail is whether the accused will attend his trial for the charges facing him, and it must, therefore, be a compelling reason if it is demonstrated that “the accused person is likely to fail to attend court proceedings”. The question in this matter becomes whether there is, on a balance of probabilities evidence that the accused is likely to abscond.’” 7. In the present application no reasons have been presented that would lead to denial of bail. 8. Accordingly, I grant the following orders:a) GEORGE AMUKE OKOYO is granted bond of Kshs. 500,000/= and one surety of similar amount. b) The accused shall not interfere with the prosecution’s witnesses. RULING DATED AND DELIVERED AT KIAMBU THIS 8TH DAY OF DECEMBER, 2021. MARY KASANGO

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