[2021] KEHC 5654 (KLR)
The court found that the applicant had demonstrated special circumstances warranting a review of the bond terms, including prolonged custody due to inability to meet the original terms and the prevailing Covid-19 pandemic necessitating decongestion of remand facilities. The court noted that the prosecution's...
Source-derived case information.
- Citation
- [2021] KEHC 5654 (KLR)
- Parties
- Applicant: Fred Onyango Orimba; Respondent: Director of Public Prosecutions (DPP)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2020
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Bond Terms
- Outcome
- application for revision of bond terms allowed
- Judges
- DO Ogembo
- Legal Topics
- Bail Review, Bond Terms, Pretrial Release, Judicial Discretion
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fred Onyango Orimba
Applicant
Director of Public Prosecutions (DPP)
Respondent
Procedural Posture
Criminal Case / Ruling on Application for Review of Bond Terms
Legal Issues
- 1 Whether the bond terms previously set should be revised in light of the applicant's special circumstances.
- 2 Whether continued detention due to inability to meet bond terms is justified.
- 3 Whether the risk of interference with witnesses remains a valid ground to deny revision of bond terms.
Ratio Decidendi
The court found that the applicant had demonstrated special circumstances warranting a review of the bond terms, including prolonged custody due to inability to meet the original terms and the prevailing Covid-19 pandemic necessitating decongestion of remand facilities. The court noted that the prosecution's concerns regarding interference with witnesses had already been considered in the earlier ruling and did not present new grounds to deny the application. Consequently, the court exercised its discretion to revise the bond terms to make them more attainable for the applicant while maintaining the integrity of the judicial process.
Court Disposition
application for revision of bond terms allowed
Orders
- Bond of Ksh. 1 million with 1 surety of a similar amount granted to the accused.
- In the alternative, cash bail of Ksh. 100,000 granted to the accused.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 5 OF 2020
FRED ONYANGO ORIMBA ..........................ACCUSED
VERSUS
DPP.................................................................REPUBLIC
RULING
This matter now comes up for the application of the accused/applicant dated 14. 10. 2020. At prayer (b) of the same, the applicant prays for review of the terms of bond issued herein in favour of the accused. The accused had been granted a bond of Kshs.2 million with 1 surety of a similar amount with an alternative of Ksh.200,000/=in cash bail. Counsel for the accused has urged the court to take into account the special circumstances of the accused, being of poor background, married with 2 children. Also that he has been in custody since 2019. She relied on the decision of Republic Versus Evans Ochieng (2019)eKLR, and pleaded for reasonable terms of bail.
The prosecution, on the other hand, has opposed this application on grounds that the applicant has not shown that he has put any efforts at securing the terms of bond. Also of likelihood of interference with witnesses.
I have considered the submissions of both sides. This is an application for revision of this court’s orders of 29. 1.2020. Prior to the said ordered, the court considered the objections of the prosecution. A considered ruling was made on the same. The objection of the prosecution on the fact that if released, the accused is likely to interfere with prosecution witnesses, was well considered in the said ruling.
Special circumstances have been pleaded in this present application. That he has been in custody since 2019 for inability to meet the terms of bond as set. I have taken note of this. I have further taken note of the current Covid-19 pandemic and the need to decongest the prisons and remand facilities. It is for these reasons that I find merit in the applicant’s application for revision of the terms of bail. I allow the same and order that the accused may be released on revised conditions as follows:-
1. Bond of Ksh. 1 million with 1 surety of a similar amount.
2. In the alternative a cash bail of Ksh.100,000.
All the other terms of bond as ordered on 29. 1.2020 to remain as earlier ordered. Orders accordingly.
D. O. OGEMBO
JUDGE
30. 6.2021.
Court:
Ruling read in court (on-line) in presence of the accused (Nairobi Remand), Ms. Murito for accused and Ms. Kimani for the state.
D. O. OGEMBO
JUDGE
30. 6.2021.
Court:
In the presence of the parties, a hearing date to be fixed. Hearing 29. 9.2021.
D. O. OGEMBO
JUDGE
30. 6.2021.