[2022] KEHC 2309 (KLR)
The court found that the arguments raised in the present application were identical to those previously considered by Hon. Justice Lesiit when the original bond terms were set. No new facts or circumstances were presented to justify a revision of the bond terms. The court emphasized that judicial discretion in bail...
Source-derived case information.
- Citation
- [2022] KEHC 2309 (KLR)
- Parties
- Applicant: Hussein Mohamed Abdille; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E147 of 2021
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application to Review Bond Terms
- Outcome
- application dismissed
- Judges
- DO Ogembo
- Legal Topics
- Bail and Bond, Review of Bond Terms, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hussein Mohamed Abdille
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application to Review Bond Terms
Legal Issues
- 1 Whether the bond terms previously set should be revised to more affordable levels for the applicant.
- 2 Whether any new facts or circumstances have arisen to justify a revision of the bond terms.
Ratio Decidendi
The court found that the arguments raised in the present application were identical to those previously considered by Hon. Justice Lesiit when the original bond terms were set. No new facts or circumstances were presented to justify a revision of the bond terms. The court emphasized that judicial discretion in bail matters requires a change in material circumstances to warrant interference with an earlier order. As such, the application lacked merit and was dismissed in its entirety.
Court Disposition
application dismissed
Orders
- The application dated 26.4.2021 is dismissed wholly.
- Leave to appeal is granted as prayed.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINALMISCELLANEOUS APPLICATIONE147OF 2021
HUSSEIN MOHAMED ABDILLE..…..….…………..…… APPLICANT
VERSUS
REPUBLIC ……………………………………….……….RESPONDENT
RULING
The applicant HUSSEIN MOHAMED ABDILLEhas moved this court by way of chamber summons application dated 26. 4.2021. The said application is brought under sections 123, 123A of the Criminal Procedure Code, and Article 49(1)(h) of the constitution. The application seeks that the bond terms granted to the applicant on 22. 10. 2020 be reviewed lower to affordable levels. It is supported by the affidavit of one Maimuna Ibrahim Umar sworn on 26. 4.2021.
Mr. Chacha for applicant submitted that the applicant has failed to meet the terms of bond as ordered by the Hon. Lady Justice Lesiit on 22. 10. 2020 that the applicant comes from Mandera, which is ravaged by drought and covid. It was pleaded that he is a young man who has missed out on 3 years. counsel pleaded for a cash bail of Ksh.60,000/=.
The prosecution opposed this application on the grounds that the Hon. Justice Lesiit had given sufficient terms of bond in view of the seriousness of the offence and the role played by the applicant. It was farther submitted that the applicant is likely to abscond and that the admission that applicant wants to relocate to Mandera goes against the orders of the Hon. Justice Lesiit that he should, upon release, leave the jurisdiction of the court. Counsel also noted the contradictions on the submissions of the applicant and the contents of the pre-bail report.
The court was urged to take Judicial notice of at least 3 recent events, the Kampala bombings, the government alerts, and the escape of the 3 terror convicts.
I have considered this application and the submissions of the 2 learned counsel for the parties. This application seeks that this court do revise the orders of the Hon. Justice Lesiit on terms of bail made on 22. 10. 2020. I have had the occasion to peruse the said ruling of the Honourable Judge. The same arguments that have been raised before this court were raised for consideration before the Hon. Justice Lesiit, who duly ruled on the same. No new issue or fact has been raised in the present application as to justify a revision of the terms of bond already set.
I do not find any merit in the applicant’s application dated 26. 4.2021. I dismiss the same wholly. Orders accordingly
D. O. OGEMBO
JUDGE
15. 2.2022.
Court:
Ruling read out (on-line) in presence of Mr. Kiarie for the state and Chacha Mwita for the accused.
D. O. OGEMBO
JUDGE
15. 2.2022.
Chacha:
We seek leave to appeal.
Kiarie:
I leave it to court.
Court:
Leave granted as prayed.