[2015] KEHC 5270 (KLR)
The court held that the applicant was initially granted two alternative bail options: deposit of cash bail or posting of a bond with surety. The applicant chose to deposit cash bail but now seeks to substitute this with a land title due to changed circumstances. The court clarified that this does not amount to a...
Source-derived case information.
- Citation
- [2015] KEHC 5270 (KLR)
- Parties
- Applicant: Daniel Njuguna Mwicigi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 89 of 2014
- Procedural Posture
- Criminal Case / Application to Vary Bond Terms
- Outcome
- Application allowed; cash bail to be released upon satisfaction of alternative bond terms.
- Legal Topics
- Bail Variation, Bond Terms, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Njuguna Mwicigi
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Application to Vary Bond Terms
Legal Issues
- 1 Whether the applicant is entitled to a variation of bond terms to substitute cash bail with a land title as surety.
- 2 Whether the court can order the release of cash bail upon satisfaction of alternative bond terms.
Ratio Decidendi
The court held that the applicant was initially granted two alternative bail options: deposit of cash bail or posting of a bond with surety. The applicant chose to deposit cash bail but now seeks to substitute this with a land title due to changed circumstances. The court clarified that this does not amount to a variation or review of the original bond terms, as the applicant is merely seeking to exercise the alternative option already provided. The court found no objection from the State and determined that the applicant is entitled to have the cash bail released upon satisfying the requirements for the alternative bond option, specifically the deposit of a genuine and adequately valued...
Court Disposition
Application allowed; cash bail to be released upon satisfaction of alternative bond terms.
Orders
- The cash amounting to Kshs 500,000 deposited by the applicant as cash bail shall be released to him upon satisfaction of the second option of the bail terms.
- The release is subject to the Deputy Registrar verifying the genuineness and value of the land title offered as surety.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 89 OF 2014
DANIEL NJUGUNA MWICIGI………….APPLICANT
VERSUS
REPUBLIC…………………………..RESPONDENT
RULING
Daniel Njuguna Mwicigi who is the accused in this case has brought this application asking this court to review or vary its decision dated 9th December 2014. He wants the court to change the bond terms due to the changed circumstances. In brief he wants to substitute the cash bail deposited in court in the tune of Kshs 500,000 with a title for a piece of land known as Gatamaiyu/Kamburu/734 measuring 1. 60 hectares. The land is valued at Kshs 6,000,000. The application is not opposed by the State.
I have considered this matter. on 9th December 2014 this court admitted the applicant to bail and gave him two alternatives, namely to post a bond of one million Kenya shillings (Kshs 1,000,000) with one surety of similar amount or to deposit with this court a cash bail of five hundred thousand Kenya shillings (Kshs 500,000). He took the second option and paid the cash bail. He now requires this cash for other family commitments and is seeking to have the bond terms varied so that he can post a title deed instead of the cash.
Strictly speaking, the court is not reviewing or varying bond terms as set out in the Ruling of 9th December 2014. The applicant was given two options to choose from, to deposit cash bail or to post bond with surety. He chose to deposit cash instead of bond with a surety. If it were not for the necessary order from this court to enable the release of the cash held by the court, this application would not have been necessary. I therefore order that the cash amounting to Kshs 500,000 deposited to this court by the applicant as cash bail be released to him upon his satisfaction of the second option of the bail terms. This order is subject to this court through its Deputy Registrar satisfying itself that the title in question is a genuine one and is valued as alleged, this being a requirement in situations where a title to land or log book is deposited in court respect to surety for bond. I make orders accordingly.
Dated, signed and delivered this 13th day of April 2015
In the presence of:
Nyauncho for State
Miss Matu for accused
Applicant - Daniel Njuguna Mwicigi
S. N. Mutuku
Judge