[2006] KEHC 767 (KLR)
The High Court found that the bond terms imposed by the trial magistrate were harsh and excessive in light of the value of the alleged bribe (Ksh.20,000) and the circumstances of the case. The court exercised its revisory jurisdiction under Section 362 of the Criminal Procedure Code to set aside the original bond...
Source-derived case information.
- Citation
- [2006] KEHC 767 (KLR)
- Parties
- Applicant: Brown Inziani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Anti-Corruption and Economic Crimes Revision 30 of 2006
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- bond terms revised in favour of applicant
- Judges
- LK Kimaru
- Legal Topics
- Bail Terms, Anti Corruption Offences, Judicial Discretion, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brown Inziani
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the bond terms imposed by the trial magistrate were harsh and excessive in the circumstances of the case.
- 2 Whether the High Court should revise the bond terms under its revisory jurisdiction.
Ratio Decidendi
The High Court found that the bond terms imposed by the trial magistrate were harsh and excessive in light of the value of the alleged bribe (Ksh.20,000) and the circumstances of the case. The court exercised its revisory jurisdiction under Section 362 of the Criminal Procedure Code to set aside the original bond terms and substitute them with more reasonable conditions. The applicant was granted bail on his own bond of Ksh.100,000 with a surety of the same amount or, in the alternative, a cash bail of Ksh.30,000. The decision was guided by the principle that bond terms must be fair, reasonable, and not punitive, especially where the value of the subject matter is relatively low and the...
Court Disposition
bond terms revised in favour of applicant
Orders
- The bond terms set by the trial magistrate are set aside.
- The applicant is released on his own bond of Ksh.100,000 with a surety of the same amount or a cash bail of Ksh.30,000.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
Revision 30 of 2006
BROWN INZIANI………....….………………………...APPLICANT
VERSUS
REPUBLIC………………………………….……..RESPONDENT
ORDER ON REVISION
The applicant, Brown Inziani was charged with soliciting a bribe contrary to Section 39 (3)(a) as read with Section 48(1) of the Anti-corruption and Economic Crimes Act (Act No.3 of 2003). The particulars of the offence were that while working as a police officer he solicited a bribe of Ksh.20,000/= from a suspect so that he could forebear from charging her with a criminal offence. The accused pleaded not guilty to the charge. He was released on bond of Ksh.2,000,000/= with a surety of the same amount or cash bail of Ksh.200,000/=. The applicant was aggrieved by the said order of the trial magistrate in giving him terms of bond which he claims were harsh and excessive in the circumstances of the case. He therefore pleaded with this court to revise the terms of the bond.
I have considered the plea made by the applicant. He is charged with an offence of soliciting a bribe of Ksh.20,000/=. The value of the subject matter of the said charge is Ksh.20,000/=. Although the offence which the applicant was charged with infringes on the administration of justice, in my considered view the trial court granted terms of the bond which were harsh and excessive in the circumstances. I will invoke my revisory powers as provided by Section 362 of the Criminal Procedure Code and set aside the said terms of bond which were issued by the trial court. I hereby substitute the order of the trial magistrate with an order of this court granting bail to the applicant on the following terms; The accused is released on his own bond of Ksh.100,000/= with a surety of the same amount or in the alternative he shall deposit a cash bail of Ksh.30,000/=.
It is so ordered.
DATED at NAKURU this 6th day of November, 2006
L. KIMARU
JUDGE