[2022] KEHC 402 (KLR)
The court found that the bond terms set by the trial magistrate were neither exorbitant nor unreasonable. The applicant could secure two sureties, each valued at Kshs. 5,000,000, and the sureties did not necessarily have to be civil servants if they owned land within the court's jurisdiction of equivalent value. The...
Source-derived case information.
- Citation
- [2022] KEHC 402 (KLR)
- Parties
- Applicant: George Aluoch Awiti alias Najib Mohammed; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E037 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Application for Revision of Bond Terms
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Bail Pending Trial, Bond Terms Revision, Judicial Discretion, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Aluoch Awiti alias Najib Mohammed
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Application for Revision of Bond Terms
Legal Issues
- 1 Whether the bond terms imposed by the trial court were excessive or unreasonable.
- 2 Whether the High Court should revise the bond terms set by the trial court.
Ratio Decidendi
The court found that the bond terms set by the trial magistrate were neither exorbitant nor unreasonable. The applicant could secure two sureties, each valued at Kshs. 5,000,000, and the sureties did not necessarily have to be civil servants if they owned land within the court's jurisdiction of equivalent value. The seriousness of the charges justified stringent bail conditions to ensure compliance. There was no compelling reason to interfere with the trial court's exercise of discretion regarding bail terms, and the constitutional right to bail had been observed.
Court Disposition
application dismissed
Orders
- The application for revision of bond terms is declined.
- The accused to identify suitable sureties to stand in for his release on bail pending trial.
Full Case Text
Judgment text and source record
22 paragraphs
Awiti v Republic (Miscellaneous Criminal Application E037 of 2022) [2022] KEHC 402 (KLR) (22 April 2022) (Ruling)
Neutral citation: [2022] KEHC 402 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E037 of 2022
RE Aburili, J
April 22, 2022
Between
George Aluoch Awiti alias Najib Mohammed
Applicant
and
Republic
Respondent
(Being an Application arising from the ruling on bond in the Chief Magistrate’s Court at Siaya in Criminal Case No. E030 of 2022)
Ruling
1. I have considered the application for revision of bond terms for the accused George Aluoch Awiti alias Abdul Najib Mohammed. I have also heard the accused and the Prosecution, in opposition.
2. I observe that the Prosecution had virtually opposed the release of the accused person on bond pending trial but the trial magistrate exercised discretion and underscored the constitutional right to bail pending trial and granted the accused person bail on terms which terms, in my view, are not exhorbitant or unreasonable as the accused can get two sureties, each of the Kshs. 5,000,000/= and whereas the 2 sureties could be civil servants, they need not necessarily be civil servants where they have land within the jurisdiction of this court whose value is upto 5 million each.
3. The accused is innocent until proven guilty but he faces serious charges and therefore it is important that bail conditions which are stringent are imposed to ensure compliance. For the above reasons, I find no reason to interfere with the orders of the trial court on bail pending trial.
4. I decline to revise the said orders. The accused to identify suitable sureties to stand in for his release on bail pending trial.
5. Orders accordingly,
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 22 ND DAY OF APRIL, 2022R.E. ABURILIJUDGE