[2001] KEHC 95 (KLR)
The court found that although the offences for which the applicants were charged were serious, they were nonetheless bailable. The Magistrate had refused bond for Johnson and imposed stringent bond terms for Felix, partly due to their foreign nationality. The High Court reviewed the record and noted that the main...
Source-derived case information.
- Citation
- [2001] KEHC 95 (KLR)
- Parties
- Applicant: Felix Anosike; Applicant: Johnson Chukwu Emeka Obasi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 625 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling on Bond Applications Pending Trial
- Outcome
- Bond granted to both applicants with conditions.
- Judges
- VV Patel
- Legal Topics
- Bail and Bond, Pretrial Release, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Anosike
Applicant
Johnson Chukwu Emeka Obasi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bond Applications Pending Trial
Legal Issues
- 1 Whether the bond terms imposed on Felix Anosike should be reduced pending trial.
- 2 Whether Johnson Chukwu Emeka Obasi should be granted bond after the Magistrate refused his application.
- 3 What conditions are appropriate to ensure the applicants' attendance at trial.
Ratio Decidendi
The court found that although the offences for which the applicants were charged were serious, they were nonetheless bailable. The Magistrate had refused bond for Johnson and imposed stringent bond terms for Felix, partly due to their foreign nationality. The High Court reviewed the record and noted that the main witnesses had already testified, reducing the risk of interference. The court held that the primary consideration is whether the accused will appear for trial. Finding no compelling reason to deny bond or maintain the stringent terms, the court ordered both applicants released on their own bonds of KES 1,000,000 each with two sureties in the like sum and required them to deposit...
Court Disposition
Bond granted to both applicants with conditions.
Orders
- Felix Anosike and Johnson Chukwu Emeka Obasi to be released on their own bonds of KES 1,000,000 each with two sureties each in the like sum pending trial.
- Both applicants to deposit their passports in court.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURT
CRIMINAL APPEAL 625 OF 2001
FELIX ANOSIKE…………………..……………..APPLICANT
AND
REPUBLIC……………………………………..RESPONDENT
CONSOLIDATED WITH
MISC. CRIMINAL APPLICATION NO.491 OF 2001
BETWEEN
JOHNSON CHUKWU EMEKA OBASI……..…APPLICANT
AND
REPUBLIC………………..……………………RESPONDENT
P R O C E E D I N G S
12/9/01: Onduso for Applicant Muigai, State Counsel
COURT:
The Original Record of the Resident Magistrate’s Criminal Case be brought up. Hearing on 14/9/01.
V.V. PATEL
JUDGE
14/9/2001: Onduso for Applicant Muigai , State Counsel COURT: Hearing on 18/9/2001. Original Record be brought up. V.V. PATEL JUDGE 18/9/2001: Onduso for Applicant Muigai, State Counsel www.kenyalawreports.or.ke 3 COURT: Johnson, the 1st accused in the Resident Magistrate’s Court has also filed Misc. Criminal Application No.491/2001 in this matter. The said application be consolidated with this one. Both applications are fixed for hearing on 2/10/2001. The Original Record be returned and brought back of 2/10/2001. V.V. PATEL JUDGE 18/9/01 2/10/2001 – 9. 40 A.M. Onduso for both applicants No appearance for Republic COURT: Misc. Criminal Application Nos. 625 and 491 of 2001 are consolidated. ONDUSO: Pray reduce the terms for the bond laid down by the Magistrate for the release of Felix, the applicant in No.625/01 pending the trial. www.kenyalawreports.or.ke 4 Also ask for release on bond of the applicant, Johnson in the application No.491/01 pending the trial. The Magistrate refused his application for bond. Refer to the affidavits in support of both applications.
V.V. PATEL
JUDGE
REPIBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURT
CRIMINAL APPEAL 625 OF 2001
FELIX ANOSIKE…………………………..…...APPLICANT
AND
REPUBLIC……………………………………RESPONDENT
BETWEEN
JOHNSON CHUKWU EMEKA OBASI………..APPLICANT
AND
REPUBLIC………………………………….…RESPONDENT
R U L I N G
Criminal Application Nos.625 and 491 of 2001 are consolidated. I have considered the submission made by Mr. Onduso, the learned advocate for the two applicants. Misc.Criminal Application No.625/01 is for the reduction of the bond terms laid against the applicant, Felix in it. No 491/01 is for granting bond to Johnson, the applicant in it. The Magistrate had dismissed his application for bond pending the trial in the court below.
The offences for which the two applicants are jointly charged in Nairobi Chief Magistrate’s Court Criminal case No.966/01 are no doubt serious.
However, they are bailable offences. The Magistrate noted that both applicants were of Nigerian. I had a glance at the Magistrate’s Criminal Case record and I note that three main witnesses who are Austrians have already testified. They are the respective complainants. In the six courts of the charge. The main consideration, inter alia, in deciding the issue of the bond is whether the accused will appear in court whenever required by the court pending the trial.
Having given my mind to this particular case I make the following orders.
ORDER:
The applicants, Felix Anosike and Johnson Chukwu be now released on their own bonds of Sh. One million each together with two sureties each in the like sum pending the trial. Further both of them should deposit their passports in the court. Dated and delivered at Nairobi this 2nd day of October, 2001.
V.V. PATEL
JUDGE