[2024] KEHC 1848 (KLR)

Parties

Procedural Posture

Criminal Revision / Ruling

Legal Issues

1. 1 Whether the Title Deed presented as security for bail can be accepted subject to the accused's consent and joint sureties.
2. 2 Whether the accused may be released on cash bail as an alternative.

Ratio Decidendi

The court held that the Title Deed offered as security for bail may be accepted if the accused consents to its use and the other joint owners are made joint sureties, ensuring the security is valid and enforceable. Alternatively, the accused may be released on cash bail of Kshs. 50,000 with an undertaking from a responsible person to guarantee his attendance. This approach balances the accused's right to bail with the need to secure his attendance at trial and protect the interests of all parties involved in the property offered as security.

Court Disposition

Application allowed with conditions.

Orders

• The Trial Magistrate is directed to consider the Title Deed as security for bail on condition that the accused consents to its use and the joint owners are joint sureties.
• Alternatively, the accused may be released on cash bail of Kshs. 50,000 with an undertaking from a responsible person to ensure court attendance.