[2010] KEHC 1196 (KLR)
The court found that the applicant, being of advanced age, in poor health, and unable to afford multiple cash bails, was entitled to a reduction in bail amounts for each of his pending criminal cases. The offences were bailable, and the Constitution encourages the granting of bail where trials are likely to be...
Source-derived case information.
- Citation
- [2010] KEHC 1196 (KLR)
- Parties
- Applicant: Gurnam Singam; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 258 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Bail reduced; consolidation denied.
- Legal Topics
- Bail Application, Cash Bail Reduction, Pretrial Detention, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gurnam Singam
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a reduction of cash bail in multiple criminal cases due to inability to pay separate bail amounts.
- 2 Whether the applicant's age, health, and risk of absconding justify bail reduction.
- 3 Whether the criminal cases should be consolidated.
Ratio Decidendi
The court found that the applicant, being of advanced age, in poor health, and unable to afford multiple cash bails, was entitled to a reduction in bail amounts for each of his pending criminal cases. The offences were bailable, and the Constitution encourages the granting of bail where trials are likely to be delayed. The court exercised its discretion to reduce the cash bail to KES 100,000 in each case but declined to consolidate the cases, ordering instead that the bail reduction order be filed in every relevant file.
Court Disposition
Bail reduced; consolidation denied.
Orders
- In every court, the bail for the applicant shall be reduced to KES 100,000 cash.
- The criminal cases are not consolidated.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
MISC. APPLICATION NO. 258 OF 2010
GURNAM SINGAM…………………………………….APPLICANT
VERSUS
REPUBLIC………………………………………….RESPONDENT
R U L I N G
Chamber Summons dated 24/5/2010. The Applicant seeks consolidation of all his cases at Nairobi subordinate court Kibera subordinate court and the Applicant says he cannot afford to pay all cash bail for each of the criminal case separately. He is a poor man. The criminal cases are not likely to terminate soon.
He is an old man and suffers poor health. He has been in custody over a long period. He is not likely to abscond. I have considered that the offences involved are bailable and the law is now relaxed on granting bail. The present Constitution encourages the granting of bail in all cases where the trial will be delayed.
I therefore order that in every court the bail shall be reduced to Shs. 100,000/= cash. I do not consolidate the criminal cases. This order shall be filed in every file.
I have referred to the case of Misc Application 55 of 2008 and 54 of 2008 Joseph Mbugua Waweru vs. Republic.
Dated and delivered at Nairobi this 18th day of October 2010.
J. N. KHAMINWA
JUDGE