[2016] KEHC 8368 (KLR)
The court found that the bail/bond terms previously set for the applicant had already been reduced to reasonable and lenient levels, taking into account the value of the subject motor vehicles in the two criminal cases. The court held that bail terms must be commensurate with the offence and not so stringent as to...
Source-derived case information.
- Citation
- [2016] KEHC 8368 (KLR)
- Parties
- Appellant: Henry Muko Otondo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 380 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Bail/bond Terms and Consolidation
- Outcome
- Application for further reduction of cash bail declined; application for consolidation of bond terms allowed.
- Legal Topics
- Bail and Bond Terms, Consolidation of Cases, Assessment of Surety
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Muko Otondo
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bail/bond Terms and Consolidation
Legal Issues
- 1 Whether the bail/bond terms imposed on the applicant are reasonable and commensurate with the offences charged.
- 2 Whether the applicant is entitled to a further reduction of the cash bail.
- 3 Whether consolidation of the two criminal cases is tenable and appropriate.
Ratio Decidendi
The court found that the bail/bond terms previously set for the applicant had already been reduced to reasonable and lenient levels, taking into account the value of the subject motor vehicles in the two criminal cases. The court held that bail terms must be commensurate with the offence and not so stringent as to be unaffordable, but in this case, the terms were appropriate given the nature and value of the offences. The court declined to further reduce the cash bail. However, the court allowed consolidation of the two cases for bond purposes, permitting the applicant to deposit a consolidated bond with one surety, subject to assessment by the trial magistrate.
Court Disposition
Application for further reduction of cash bail declined; application for consolidation of bond terms allowed.
Orders
- Application for further reduction of cash bail is declined.
- Applicant may deposit a consolidated bond of Kshs. 700,000 with one surety of a similar amount, subject to assessment by the trial magistrate in Criminal Case No. 1062 of 2014.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CR. APPLICATION NO. 380 OF 2016
HENRY MUKO OTONDO……………………...………….…… APPELLANT
VERSUS
REPUBLIC …………………………………………...……….RESPONDENT
RULING
The Applicant has already had the bail/bond terms reduced not only to reasonable but lenient terms. As is trite, bail/bond terms must always be commensurate with the offence. They must also not be too stringent that an accused cannot afford them.
In the present case, the Applicant was charged with felonies. In Criminal case No. 1077 of 2014, the value of the subject motor vehicle is Kshs. 750,000/= whilst in Cr. Case No. 1062 of 2014, the value of the vehicle is Kshs. 1,700,000/=. In that regard, I am not inclined to further reduce the cash bail.
As for consolidation, the same is tenable as both cases are investigated by the same Police Station and are within the same court house. Therefore, if the Applicant is unable to afford the respective cash bails, he can deposit a consolidated bond of Kshs. 700,000/= with one surety of a similar amount. The surety shall be assessed by the trial magistrate in Criminal Case No. 1062 of 2014. It is so ordered.
DATED AND DELIVERED THIS 22ND DAY OF NOVEMBER, 2016.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of;
1. Applicant in person.
2. Miss Nyauncho for the Respondent.