[2016] KEHC 4554 (KLR)
The court found that the bail terms imposed in Criminal Case No. 1099 of 2015 were excessive and not commensurate with the offence, and that the absence of an alternative cash bail in Criminal Case No. 670 of 2015 was unjustified. The court emphasized that bail and bond are intended to secure the attendance of the...
Source-derived case information.
- Citation
- [2016] KEHC 4554 (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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Eric Otieno Atanga
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the bail/bond terms in the two criminal cases should be consolidated.
- 2 Whether the bail terms imposed were excessive and unjustified.
- 3 Whether the applicant is entitled to reasonable bail/bond terms.
Ratio Decidendi
The court found that the bail terms imposed in Criminal Case No. 1099 of 2015 were excessive and not commensurate with the offence, and that the absence of an alternative cash bail in Criminal Case No. 670 of 2015 was unjustified. The court emphasized that bail and bond are intended to secure the attendance of the accused at trial and should not be set so high as to undermine this purpose. Given that both cases were being investigated by the same police unit and no prejudice would result to the prosecution, the court ordered the consolidation of bail/bond terms for both cases and set reasonable bail and bond amounts for the applicant.
Court Disposition
application allowed
Orders
- Bail/bond terms in Nairobi Criminal 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, a look at bail terms in Criminal Case No. 1099/2015 are not commensurate with the offence. The bail is too high.
In Criminal Case No. 670/15, the court did not justify why an alternative cash bail was not given.
It must be borne in mind that bail/bond is given with the prime reason to ensure that the accused attends court when called upon to do so. He remains innocent until or unless otherwise proven. The terms of the bail/bond should also not be so high that they negate the very purpose for which they are granted.
Having made the above observation, I note that the two files are being investigated by one Police Unit, Banking Fraud Investigations Unit. Hence, no prejudice will be occasioned to the prosecution if the bail terms are consolidated.
Accordingly, I consolidate the bail/bond terms in both Nairobi Criminal 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. Criminal Case No. 670 of 2015 and surety approval forms be filed in each of the files for ease of reference.
DATED and DELIVERED in open court this 30thday of May, 2016.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. Applicant in person
2. M/s Aluda for the Respondent