[2020] KEHC 5629 (KLR)
The court found that the applicant had demonstrated sufficient grounds for review of bond terms, including his inability to meet the original terms, his medical condition (asthma), and the prevailing Covid-19 practice directions. The respondent did not oppose the application. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2020] KEHC 5629 (KLR)
- Parties
- Applicant: Abdiaziz Abdi Hirsi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 29 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Review of Bond Terms Pending Trial
- Outcome
- application allowed
- Legal Topics
- Bond Review, Bail Conditions, Covid19 Practice Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdiaziz Abdi Hirsi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Review of Bond Terms Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to a downward review of bond terms pending trial.
- 2 Whether the applicant should be allowed to provide one surety with an option of cash bail.
- 3 Whether the applicant's medical condition and Covid-19 practice directions justify revision of bond terms.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for review of bond terms, including his inability to meet the original terms, his medical condition (asthma), and the prevailing Covid-19 practice directions. The respondent did not oppose the application. The court exercised its discretion to allow the applicant to provide one surety, with the surety to be approved by the trial magistrate after verification by the Probation Office and Investigating Officer. The surety must be of Kenyan origin. The court's decision was guided by the need to balance the applicant's right to bail with the interests of justice and public health considerations during the Covid-19 pandemic.
Court Disposition
application allowed
Orders
- The applicant will provide one surety to the bond terms granted in the trial court.
- The said surety should be of Kenyan origin.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
MISC. CR. 29 OF 2020
(CRIMINAL CASE NO. 241 OF 2016- ISIOLO)
ABDIAZIZ ABDI HIRSI...........................................................APPLICANT
VERSUS
REPUBLIC ............................................................................RESPONDENT
RULING
1. By an application dated 22nd May 2020 brought under certificate of urgency the applicant Abdiaziz Abdi Hirsi applied that his bond terms be reviewed downwards and that he be allowed to provide one surety with an option of cash bail pending determination of his trial in Isiolo Chief Magistrate court Criminal Case No. 241 of 2016.
2. The application is based on the grounds on the face of the application and on the supporting affidavit of the applicant in which he avers that the application is urgent and in accordance to practice directions to mitigate Covid-19 in Kenya Justice system issued by Chief Justice on 16th March 2020. The applicant complained that he was unable to raise the bond terms issued to him in the trial court and pleaded that it should be revised to enable him provide one surety and that he should be given an option of cash bail.
3. Another reason why the applicant seeks to have the bond terms reviewed is that he is sick and has been having constant attacks of asthma as per the medical report annexed AAH2.
4. This application was directed to be canvassed by way of written submissions but parties have not filed any submissions neither has the Respondent opposed the application. The application is therefore allowed in the following terms.
a) The applicant will provide one surety to the bond terms granted in the trial court
b) The said surety should be of Kenyan origin
c) Surety approval to be done by the trial magistrate after the Probation Office and the Investigating officer have established the surety’s abode.
HON.A. ONG’INJO
JUDGE
RULING DATED AND DELIVERED AT MERU IN OPEN COURT THIS 28TH . DAY OF MAY 2020.
IN THE PRESENCE OF:
CA: KINOTI
STATE:MS MBITHE
ADVOCATE FOR APPLICANT:- Mr Otieno C
Applicant :- No appearance
Court: Ruling to be supplied to Applicant counsel
HON.A. ONG’INJO
JUDGE