[2016] KEHC 4547 (KLR)
The court found that the bail terms previously set in Cr. Case No. 1099/2015 were excessive and not justified by the circumstances of the offence. The court emphasized that the purpose of bail is to secure the accused's attendance at trial, not to punish. Since both cases were being investigated by the same police...
Source-derived case information.
- Citation
- [2016] KEHC 4547 (KLR)
- Parties
- Applicant: Eric Otieno Atanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 127 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Bail Terms, Bond Conditions, Pretrial Release, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eric Otieno Atanga
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the bail and bond terms in Nairobi Cr. Case Nos. 670 of 2015 and 1099 of 2015 should be consolidated.
- 2 Whether the bail terms previously set were excessive and unjustified.
- 3 What is the appropriate bail or bond amount to secure the applicant's attendance in court.
Ratio Decidendi
The court found that the bail terms previously set in Cr. Case No. 1099/2015 were excessive and not justified by the circumstances of the offence. The court emphasized that the purpose of bail is to secure the accused's attendance at trial, not to punish. Since both cases were being investigated by the same police unit and no prejudice would be occasioned to the prosecution, the court held that consolidating the bail terms was appropriate. The court therefore ordered the applicant's release on consolidated bail/bond terms that were reasonable and commensurate with the offences charged.
Court Disposition
application allowed
Orders
- Bail and bond terms in Nairobi Cr. Case Nos. 670 of 2015 and 1099 of 2015 are consolidated.
- The applicant is released on a cash bail of Kshs. 200,000 or a bond of Kshs. 500,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NAIROBI
MISC. CRIMINAL APPLICATION NO. 127 OF 2016
ERIC OTIENO ATANGA….……………………………………APPLICANT
Versus
REPUBLIC ……………………………….………………..…RESPONDENT
RULING
I have considered the application. Nothing stops this court from consolidating the bail terms. Indeed, I look at Cr. Case No. 1099/2015 are not commensurate with the offence with the offence. The bail is too high.
In Cr. Case No. 670/15, the court did not justify…………cash bail was not given.
It must be borne in mind that bail/bond is given with the prime season to ensure that the accused attending court when called upon to do so. He remain…………. Until or unless otherwise prove. The terms of the bail/bond should also not be so light that they negate the very person for which they are granted.
Having made the above observation, I note that eth two files are being investigated by one Police Unit, Banking Fraud Investigations Department. Hence, no prejudice will be occasioned to the prosecution, the bail terms and consolidated.
Accordingly, I consolidate the bail/bonds terms in both Nairobi Cr. Case Nos. 670 of 2015 and 1099 of 2015. The Applicant is released on a cash bail of Kshs. 200,000 or a bond of Kshs. 500,000/= with one surety of a similar amount. The surety shall be assessed by the magistrate. Cr. Case NO. 670 of 2015 and surety approval forms filed in each of the files for ease of reference.
DATED and DELIVERED in open court 30th day of May, 2016.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. Applicant in person
2. M/s Aluda for the Respondent