[2019] KEHC 11118 (KLR)
The court found that the applicant's advanced age and economic hardship warranted leniency in bail terms. The presence of a reliable surety willing to ensure the applicant's attendance at court further justified the setting aside of the previous bond/bail terms in favor of a personal bond with a surety. The court...
Source-derived case information.
- Citation
- [2019] KEHC 11118 (KLR)
- Parties
- Applicant: Joseph Katua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 841 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of bail terms allowed.
- Legal Topics
- Bail Terms, Personal Bond, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Katua
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant should be granted more lenient bail terms due to his personal circumstances.
- 2 Whether a personal bond with a surety is appropriate in the circumstances.
Ratio Decidendi
The court found that the applicant's advanced age and economic hardship warranted leniency in bail terms. The presence of a reliable surety willing to ensure the applicant's attendance at court further justified the setting aside of the previous bond/bail terms in favor of a personal bond with a surety. The court concluded that justice would be served by admitting the applicant to a personal bond of Kshs. 50,000 with one surety of a similar amount, whose particulars would be assessed by the trial court.
Court Disposition
Application for revision of bail terms allowed.
Orders
- The bond/bail terms previously granted to the applicant at trial are set aside.
- The applicant is admitted to a personal bond of Kshs. 50,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CR. REVISION NO. 841 OF 2018
JOSEPH KATUA.........................................................................APPLICANT
VERSUS
REPUBLIC................................................................................RESPONDENT
RULING
I have considered the respective submissions. I have taken note of the Applicant’s old age which mitigates leniency in bail terms. Upon interrogating him, I have concluded that he comes from a very economically challenged background and affording bond/bail will subject him to a lot of agony and fatigue. Since he has a friend who is ready to ensure that he attends court at all times, I hold that this is a case in which a personal bond/bail should suffice.
I accordingly set aside the bond/bail terms granted to the Applicant at trial. I hereby admit him to a personal bond of Kshs. 50,000/= with one surety of a similar amount. The surety must be one Pius Mutanga Makau. Personal particulars (assessment of surety) shall be done by the trial court.
DATED and DELIVERED this 13thday ofMarch, 2019
G.W. NGENYE-MACHARIA
JUDGE