[2016] KEHC 7440 (KLR)
The court held that the bond terms previously set were reasonable in light of the circumstances and comparable to those in similar cases. The judge emphasized that while the right to bond is constitutional, the conditions must balance the accused's ability to meet them with the need to ensure attendance at trial....
Source-derived case information.
- Citation
- [2016] KEHC 7440 (KLR)
- Parties
- Applicant: Boniface Mutwiri Cheme; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 74 of 2015
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Bond Terms
- Outcome
- application dismissed
- Judges
- J Wakiaga
- Legal Topics
- Bail and Bond, Reasonable Conditions, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Mutwiri Cheme
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Application for Review of Bond Terms
Legal Issues
- 1 Whether the bond terms imposed on the accused were reasonable under Article 49(1)(h) of the Constitution.
- 2 Whether the accused's financial circumstances warranted a review of the bond terms.
Ratio Decidendi
The court held that the bond terms previously set were reasonable in light of the circumstances and comparable to those in similar cases. The judge emphasized that while the right to bond is constitutional, the conditions must balance the accused's ability to meet them with the need to ensure attendance at trial. The court was not persuaded that the applicant's financial situation justified a reduction, especially given the precedent in similar cases where higher bond amounts were imposed. Consequently, the application for review of bond terms was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for review of bond terms is dismissed.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL CASE NO. 74 OF 2015
BONIFACE MUTWIRI CHEME ……….APPLICANT
VERSUS
REPUBLIC …………………………RESPONDENT
RULING
On 2nd December, 2015, I granted the accused bond on the following terms:-
Bond of Kshs.500,000/- with three sureties of similar amount in the alternative.
Cash bail of Kshs.1,000,000/-.
Not relevant.
Not relevant.
On 26/1/2016 the accused through his advocate on record made an oral application for review of the bond terms on the basis that the accused person is a police officer whose income was Kshs.15,000/- per month and therefore could only raise Kshs.100,000/- in cash bail or bond of Kshs.200,000/- with one surety.
The state opposed the application and submitted that whereas the object of bond was to secure the attendance of the accused at the hearing the bond terms granted by the court were very reasonable.
Article 49(1) (h) of the Constitution of Kenya 2010 which now grants constitutional right to bond provides as follows:-
“An arrested person has a right to be released on bond or bail on reasonable conditions.”
What constitutes reasonable condition has not been provided for and has only been given in the Bail and Bond Policy Guidelines. It must be noted that what constitutes reasonable terms are looked at based upon the facts of each particular case. However Ochieng J in High Court Misc Criminal Application No. 171 of 2012 Nairobi had this to say on the same:-
“On the other hand, it is also important that the court should not impose such conditions that the accused person should not have any difficulty in meeting them. If the conditions were very lenient an accused person may be tempted to abscond because he would not feel the pain of abandoning the bail or security deposited in court. It is therefore important that the court determining an application for bail pending trial should conduct delicate balancing act so as to get reasonable conditions for the particular case at hand.”
Having looked at bond terms granted in similar cases see:-
Republic v EVANS ONSONGO NYAKWERA High court of Kenya at Kisii Criminal case No. 80 of 2013 where Okwany J reduced bond of Kshs.2,000,000/- to Kshs.1,000,000/- with two (2) sureties.
Republic v JOSEPH THOMAS OLANG High Court of Kenya at Nairobi Criminal case No. 67 of 2013 involving an accused person who was alleged to be depended upon his mother who was alleged to be not well economically was granted bond of Kshs.2,000,000 with two sureties, one of Kshs.2,000,000 and the other of Kshs.500,000.
I am not persuaded that the bond terms granted herein are unreasonable.
I therefore find no merit on the application herein which I hereby dismiss.
DATED, SIGNED and DELIVERED at Nairobi this 10th day of February, 2016
…………………………………
J. WAKIAGA
JUDGE
In the presence of:-
Mr. Magoma for the state
Mr. Ondieki for the accused
Accused present
Tabitha court clerk