[2018] KEHC 4973 (KLR)

[2018] KEHC 4973 (KLR)

The court found that the pre-bail report was favourable to the applicant and that his mother-in-law, having a permanent residence, was a suitable surety. Accordingly, the court exercised its discretion to reduce the cash bail to Kshs. 80,000 and allowed the applicant's mother-in-law to execute a personal bond of...

Source-derived case information.

Citation
[2018] KEHC 4973 (KLR)
Parties
Appellant: Evans Omondi Oduor; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 108 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Bail
Outcome
cash bail reduced and bond terms set
Legal Topics
Bail Application, Pre Bail Report, Bond Conditions
Source Language
en
Criminal Law Bail Application Pre Bail Report Bond Conditions

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Parties

Evans Omondi Oduor

Appellant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Bail

Legal Issues

  1. 1 Whether the cash bail amount should be reduced in light of the favourable pre-bail report.
  2. 2 Whether the applicant's mother-in-law can act as surety by executing a personal bond.

Ratio Decidendi

The court found that the pre-bail report was favourable to the applicant and that his mother-in-law, having a permanent residence, was a suitable surety. Accordingly, the court exercised its discretion to reduce the cash bail to Kshs. 80,000 and allowed the applicant's mother-in-law to execute a personal bond of Kshs. 100,000 to secure the applicant's attendance. The decision was guided by the principle that bail should not be excessive and should take into account the applicant's circumstances and the suitability of the proposed surety.

Court Disposition

cash bail reduced and bond terms set

Orders

  • The cash bail is reduced to Kshs. 80,000.
  • The applicant's mother-in-law, Alice Aketch Omollo, shall execute a personal bond of Kshs. 100,000 as surety.