[2016] KEHC 2044 (KLR)
The High Court found that the bail terms of Ksh 9,000,000 plus one surety of like sum imposed by the trial magistrate were so excessive as to amount to an outright denial of bail. The court held that, while the accused faced serious charges, the bail terms must be reasonable and not punitive. The High Court...
Source-derived case information.
- Citation
- [2016] KEHC 2044 (KLR)
- Parties
- Applicant: George Krismas Lengees; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 34 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Application to Review Bail Terms
- Outcome
- bail terms reviewed and reduced
- Judges
- JV Juma
- Legal Topics
- Bail Terms, Review of Bail, Excessive Bail, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Krismas Lengees
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application to Review Bail Terms
Legal Issues
- 1 Whether the bail terms imposed by the trial magistrate were excessive and amounted to a denial of bail.
- 2 Whether the charges against the accused warranted the high bail terms set by the lower court.
Ratio Decidendi
The High Court found that the bail terms of Ksh 9,000,000 plus one surety of like sum imposed by the trial magistrate were so excessive as to amount to an outright denial of bail. The court held that, while the accused faced serious charges, the bail terms must be reasonable and not punitive. The High Court exercised its revisionary powers to set aside the excessive bail terms and substituted them with bail of Ksh 1,000,000 plus one surety of like sum, finding this amount to be sufficient to secure the accused's attendance at trial without being oppressive.
Court Disposition
bail terms reviewed and reduced
Orders
- The bail terms awarded by the trial court are set aside.
- The applicant is granted bail of Ksh 1,000,000 plus one surety of like sum.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
REVISION No. 34 OF 2016
GEORGE KRISMAS LENGEES………………………APPLICANT
VERSUS
REPUBLIC …………………………………………..RESPONDENT
RULING
By a letter addressed to the High Court by Waichungo Martin & Co. Advocates an application was made to have the bond terms issued to the accused GEORGE KRISMAS LENGEES in Nyahururu CMCC 1755 of 2016 reviewed.
The accused faces charges of Attempted Robbery with Violence, Possession of a Firearm, and Possession of Ammunition. The trial magistrate imposed a bond of Ksh 9,000,000/= plus one surety of like sum. I have carefully perused the proceedings before the lower court. The prosecution did oppose the grant of bail. However the learned trial magistrate overruled this objection and granted bail as stated above.
I do agree with counsel that the bail terms are excessive. A bail of Ksh 9. 0 million is so excessive as to amount to an outright denial of bail. I have considered the charges the accused faces and in my view they do not warrant such high bail terms.
Therefore in exercise of the review powers granted to the High Court I hereby set aside the bail terms awarded by the trial court and instead substitute a bail of Ksh 1,000,000/= (one million only) plus one (1) surety of like sum.
Dated in Nakuru this 29th day of September, 2016
Maureen Odero
Judge