[2015] KEHC 4293 (KLR)

[2015] KEHC 4293 (KLR)

The court found that while the applicant is a foreign national and thus presents a potential flight risk, he had already deposited his passport with the court, mitigating this concern. The prosecution did not object to relaxing the surety requirement or changing the reporting location. The court held that bail is a constitutional right for all accused persons, including foreigners, and that bail terms should not be unduly onerous or excessive. Consequently, the court varied the bond terms to allow two Kenyan sureties who need not be civil servants, reduced the cash bail to Ksh. 500,000, and permitted the applicant to report to the Criminal Investigation Department Headquarters in Nairobi...

Citation
[2015] KEHC 4293 (KLR)
Parties
Applicant: Francis Edward Strange; Respondent: State
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Judgment Date
16 June 2015
Case Number
Miscellaneous Application 7 of 2015
Procedural Posture
Miscellaneous Application / Ruling on Application to Vary Bail Terms
Outcome
Application to vary bail terms allowed in part.
Judges
CB Nagillah
Legal Topics
Bail Variation, Bond Terms, Flight Risk, Constitutional Rights of Accused
Source Language
English
Criminal Law Civil Procedure Bail Variation Bond Terms Flight Risk Constitutional Rights of Accused

Case Brief

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Parties

Francis Edward Strange

Applicant

State

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Vary Bail Terms

Legal Issues

  1. 1 Whether the bail and bond terms imposed on the applicant were excessive and should be varied.
  2. 2 Whether the requirement for sureties to be civil servants was reasonable.
  3. 3 Whether the reporting condition to Kilgoris Police Station was unduly onerous given the applicant's residence in Nairobi.

Ratio Decidendi

The court found that while the applicant is a foreign national and thus presents a potential flight risk, he had already deposited his passport with the court, mitigating this concern. The prosecution did not object to relaxing the surety requirement or changing the reporting location. The court held that bail is a constitutional right for all accused persons, including foreigners, and that bail terms should not be unduly onerous or excessive. Consequently, the court varied the bond terms to allow two Kenyan sureties who need not be civil servants, reduced the cash bail to Ksh. 500,000, and permitted the applicant to report to the Criminal Investigation Department Headquarters in Nairobi...

Court Disposition

Application to vary bail terms allowed in part.

Orders

  • The applicant shall provide two Kenyan sureties, not necessarily civil servants.
  • The applicant shall pay a cash bail of Ksh. 500,000 instead of Ksh. 1,000,000.