[2005] KEHC 975 (KLR)
The court found that the bond terms of Kshs.300,000/- cash bail were excessive given the Applicant's financial circumstances and the fact that the total amount involved in the charges was shared among four accused persons. The court held that bail should not be set at a level that is unattainable for the accused, as...
Source-derived case information.
- Citation
- [2005] KEHC 975 (KLR)
- Parties
- Applicant: David Wanjohi Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 576 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Vary Bond Terms Pending Appeal
- Outcome
- application allowed; bond terms varied
- Legal Topics
- Bail Variation, Bond Terms, Pretrial Release, Criminal Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
David Wanjohi Maina
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Vary Bond Terms Pending Appeal
Legal Issues
- 1 Whether the bond terms imposed on the Applicant in Criminal Case No. 2339 of 2005 were excessive and should be varied.
- 2 Whether the Applicant is entitled to a reduction or variation of the cash bail terms pending appeal.
Ratio Decidendi
The court found that the bond terms of Kshs.300,000/- cash bail were excessive given the Applicant's financial circumstances and the fact that the total amount involved in the charges was shared among four accused persons. The court held that bail should not be set at a level that is unattainable for the accused, as the purpose of bail is to secure attendance at trial, not to punish. The court therefore exercised its discretion to vary the bond terms, allowing the Applicant to be released on a bond of Kshs.300,000/- with one surety of the same amount, to be examined by the trial court.
Court Disposition
application allowed; bond terms varied
Orders
- Applicant may be released on bond of Kshs.300,000/- with one surety of the same amount to be examined by the trial court.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION Misc Crimi Appli 576 of 2005
(Variation of Bond pending Appeal in Criminal Case No. 2339 of 2005 of the Chief Magistrate’s Court at Nairobi
DAVID WANJOHI MAINA……………………….……………………..……..APPLICANT
VERSUS
REPUBLIC …………………………………………………………………....RESPONDENT
RULING
The Applicant has by Chamber Summons dated 18th November 2005 sought an order of this Court varying the bond terms in Criminal Case No. 2339 of 2005. Mr. Kangahi, who argued the Application on behalf of the Applicant submitted that the Applicant had been given bond of Kshs.300,000/- cash bail in CMCC No. 3325 of 2005. That Applicant has been unable to raise the cash bail. That subsequent to filing the Application, the Applicant made a similar application before the lower court which was denied. Counsel submitted that the Applicant was a man of humble means.
MR. MAKURA, learned counsel for the State opposed the Application. He submitted that the amount of bail given should have regard to the circumstances of the case. Counsel submitted that the amount involved was 1. 3 million and therefore the bond terms granted by the Court were reasonable.
I have considered the Application and have also called for Chief Magistrate’s Criminal Case No. 2333 of 2005 and Criminal Case No. 2312 of 2005. The former case was consolidated with the latter one.
I see that in these cases the Applicant was granted bond of Kshs.300,000/- cash bail or in lieu of same be remanded in custody.
The Applicant is charged with 3 others with similar charges so that the 1. 3 million involved in the case also involved 3 other persons. The amount of Kshs.300,000/- is quite substantive. I do not think that to order a cash deposit of such an amount, having regard to the charges before the court, that the same is reasonable. The court by granting bail was of the view that the Applicant deserved to be released if he met the requisite terms. In the circumstances the terms set by the Court are excessive and goals set too high.
I will allow this Application by varying the bond terms as follows: Applicant may be released on bond of Kshs.300,000/- with one surety of same amount to be examined by the trial court.
It is so ordered.
Dated at Nairobi this 23rd day December 2005.
LESIIT, J.
JUDGE
Read, signed and delivered in the presence of;
Applicant
Mr. Kangahi for the Applicant
for state
Court clerk: Erick ………………..
LESIIT, J.
JUDGE