[2017] KEHC 9530 (KLR)
The court found that while the applicant's inability to afford the initial bail terms is a relevant consideration, the seriousness of the offence and the large amount involved in count I require that the bail/bond remain substantial to secure the applicant's attendance at trial. However, the court exercised...
Source-derived case information.
- Citation
- [2017] KEHC 9530 (KLR)
- Parties
- Applicant: Cyprian Migiira M’Arimi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 217 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Bail Variation
- Outcome
- Bond terms reduced; bail variation granted.
- Legal Topics
- Bail Terms, Bond Conditions, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cyprian Migiira M’Arimi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bail Variation
Legal Issues
- 1 Whether the bail/bond terms previously set should be reduced to accommodate the applicant's financial capacity.
- 2 Whether the bail/bond amount should be commensurate with the seriousness of the offence.
Ratio Decidendi
The court found that while the applicant's inability to afford the initial bail terms is a relevant consideration, the seriousness of the offence and the large amount involved in count I require that the bail/bond remain substantial to secure the applicant's attendance at trial. However, the court exercised discretion to reduce the bond to a level that balances the applicant's financial capacity with the need to ensure his appearance, setting the bond at Kshs. 800,000 with one surety of a similar amount or a cash bail of Kshs. 500,000. The court also noted the possibility of an out-of-court settlement as indicated in the probation officer's report.
Court Disposition
Bond terms reduced; bail variation granted.
Orders
- Bond reduced to Kshs. 800,000 with one surety of a similar amount.
- Alternatively, cash bail of Kshs. 500,000 granted.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CR. APPLICATION NO. 217 OF 2017
CYPRIAN MIGIIRA M’ARIMI…........…APPLICANT
VERSUS
REPUBLIC ……………..…….....…RESPONDENT
RULING
I have seen the pre-bail report by the Probation Officer. Although the applicant cannot afford the terms of bail granted, the court might also consider that the bail/bond must be commensurate with the offence. I do however bear in mind that bond is needed to ensure that accused avails himself for trial. Owing to the large amount involved in count I, it is impossible to lower the bail terms to the amount the applicant asks for. However, the bond itself can be reduced so that the applicant can afford a surety.
Accordingly, I reduce the bond to a sum of Kshs. 800,000/= with one surety of a similar amount or a cash bail of Kshs. 500,000/=. The applicant may also explore settling the matter out of court which the complainant is amenable to. (See probation Officer’s Report).
Dated and Delivered this 24th day of October, 2017
G.W. NGENYE-MACHARIA
JUDGE