[2014] KEHC 1087 (KLR)
The court found that the cancellation of the applicant's bond was not supported by any evidence of interference with witnesses or any objection from the prosecution. The only reason cited for cancellation was the complainant's vulnerability, which alone was not sufficient to justify such a drastic order. The court...
Source-derived case information.
- Citation
- [2014] KEHC 1087 (KLR)
- Parties
- Applicant: David Kiprotich Terer; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 13 of 2014
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed; bond cancellation order set aside; bond reinstated.
- Judges
- HI Ong'udi
- Legal Topics
- Bond Cancellation, Witness Interference, Reconciliation in Criminal Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kiprotich Terer
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the cancellation of the applicant's bond was justified in the absence of evidence of witness interference.
- 2 Whether the court properly exercised its discretion in cancelling the bond based solely on the complainant's vulnerability.
Ratio Decidendi
The court found that the cancellation of the applicant's bond was not supported by any evidence of interference with witnesses or any objection from the prosecution. The only reason cited for cancellation was the complainant's vulnerability, which alone was not sufficient to justify such a drastic order. The court held that the proper course was to consider reconciliation, not to cancel bond in the absence of misconduct or risk. Accordingly, the order cancelling bond was set aside and the applicant's bond reinstated on the same terms.
Court Disposition
Application for revision allowed; bond cancellation order set aside; bond reinstated.
Orders
- The order cancelling the applicant's bond is set aside.
- The applicant's earlier bond is reinstated on the same terms.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL REVISION NO. 13 OF 2014
DAVID KIPROTICH TERER .......…........................................APPLICANT
VERSUS
REPUBLIC ….......................................................................RESPONDENT
(Arising from Kericho CM Criminal Case No. 1423 of 2014)
RULING
This file was placed before me for purposes of Revision upon the applicant’s request filed herein on 26th November 2014. I called for the court file as is within my mandate. The State was also served with the Applicant’s request plus the record of the lower court. The State for the reasons indicated in the submissions above has no objection to the applicant’s request for reinstatement of bond.
A perusal of the record shows that the applicant on 25th November 2014 told the court the following:
“I pray for the case to begin afresh.
The complainant wishes to forgive me.”
From the ruling that followed, the applicant’s bond was cancelled just because the complainant had been declared vulnerable by the court. There is nothing before the court to show that the applicant was interfering with witnesses. The prosecution did not raise the issue.
All that the court was expected to do was to either accept or decline to allow reconciliation. The order cancelling bond was too drastic and uncalled for.
I therefore review and set aside the order cancelling the applicant’s bond. I reinstate his earlier bond on the same terms.
The applicant to appear before the trial court today at 2. 00 p.m. for purposes of fixing a hearing date.
Dated,signed and delivered this 10th day of December, 2014.
H.I. ONG'UDI
JUDGE