[2015] KEHC 18 (KLR)
The court found that the bail terms previously set were unaffordable for the second accused and others, which could amount to a denial of their constitutional right to bail. Recognizing that bail is a right under Article 49(1)(h) of the Constitution, the court exercised its discretion to revise the bail terms. The...
Source-derived case information.
- Citation
- [2015] KEHC 18 (KLR)
- Parties
- Applicant: Republic; Defendant: Benson Kiboma Oyugi; Defendant: Benard Orina Onyancha; Defendant: Josephine Bochere Orina; Defendant: Benard Edwin Moses
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 41, 53 & 44 of 2013
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_terms_revised
- Legal Topics
- Bail Terms, Constitutional Rights of Accused, Judicial Discretion in Bail, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benson Kiboma Oyugi
Defendant
Benard Orina Onyancha
Defendant
Josephine Bochere Orina
Defendant
Benard Edwin Moses
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the bail terms previously set were excessive and unaffordable for the accused persons.
- 2 Whether the court should revise the bail terms to enable the accused to exercise their constitutional right to bail.
Ratio Decidendi
The court found that the bail terms previously set were unaffordable for the second accused and others, which could amount to a denial of their constitutional right to bail. Recognizing that bail is a right under Article 49(1)(h) of the Constitution, the court exercised its discretion to revise the bail terms. The revised terms required the affected accused persons to provide one surety each in the sum of Kshs. 500,000, with the previous cash bail requirement being waived for the second accused. The court maintained the conditions that the accused shall not leave the jurisdiction without leave of court and must report to the Deputy Registrar every 30 days until the conclusion of their...
Court Disposition
bail_terms_revised
Orders
- The second accused and others unable to afford the original bail terms shall each provide one surety in the sum of Kshs. 500,000.
- The requirement to deposit cash bail of Kshs. 100,000 is waived for the second accused, Benard Orina Onyancha.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASES NO.41, 53 AND 44 OF 2013
REPUBLIC ………………………………………PROSECUTOR
-VERSUS-
BENSON KIBOMA OYUGI..................................ACCUSED 1
BENARD ORINA ONYANCHA............................ACCUSED 2
JOSEPHINE BOCHERE ORINA.........................ACCUSED 3
BENARD EDWIN MOSES...................................ACCUSED 4
RULING
The court ruled on the 5th day of July 2013 to release the four accused persons, namely:
- Benson Kiboma Oyugi
- Bernard Orina Onyancha
- Josephine Bochere Orina
- Bernard Edwin Moses
All to be released on bail upon terms as follows:-
(a) The accused will deposit cash bail of Kshs.100,000/= in the court.
(b) The accused will provide (1) surety in the sum of Kshs.300,000/=
(c) The accused shall not leave jurisdiction of the court without the leave of court.
(d) The accused will attend the Deputy Registrar every 30 days depending hearing and determination of his/her trial
The second accused, amongst two others, has been unable to fulfill the bail terms as prescribed.
He therefore applies for the reduction of the bail terms to affordable level.
This court, considering bail/bond is a constitutional right of the accused person under article 49 (i) (h) of the Constitution, will endeavour to reduce the terms to enable the accused to be released on bail.
Therefore, accordingly, this will revise the terms as follows:
-The second accused and those with him who have been unable to afford the terms of the bail, will now provide (1) surety (each) in the sum of Kshs.500, 000/=.
-The terms stipulated in (c) and (d) to remain operative. And terms (a) not to be applicable to the second applicant, to Bernard Orina Onyancha.
It is so ordered.
Dated and delivered at Nyamira this 10th day of December, 2015.
C. B. NAGILIAH
JUDGE
In the presence of:
Nyamboga hold brief for Bwonwong'a for 4th accused
Nyamwange hold brief for Nyawencha for 2 & 3rd accused
Mercy - Court Clerk