[2024] KEHC 7174 (KLR)
The court found that the applicant is facing three counts, two of which are serious in nature, including possession of ammunition and multiple ID cards belonging to different people. The court considered the risk of absconding to be high, especially given the unexplained possession of other people's identification...
Source-derived case information.
- Citation
- [2024] KEHC 7174 (KLR)
- Parties
- Applicant: Stephen Shunge Kiarie; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E024 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Reduction of Bail/bond Terms
- Outcome
- application dismissed
- Judges
- DO Chepkwony
- Legal Topics
- Bail and Bond, Pretrial Release, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Shunge Kiarie
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Reduction of Bail/bond Terms
Legal Issues
- 1 Whether the bail/bond terms granted to the applicant should be reduced from Kshs.50,000 to Kshs.10,000.
- 2 Whether the applicant has demonstrated sufficient grounds for reduction of bail/bond terms.
Ratio Decidendi
The court found that the applicant is facing three counts, two of which are serious in nature, including possession of ammunition and multiple ID cards belonging to different people. The court considered the risk of absconding to be high, especially given the unexplained possession of other people's identification documents. The applicant did not provide sufficient evidence or explanation to justify a reduction in the bond terms. The court held that the current bond terms are appropriate and necessary to secure the applicant's attendance at trial and to safeguard the interests of justice. Consequently, the application for reduction of bail/bond terms was declined.
Court Disposition
application dismissed
Orders
- The application for reduction of bail/bond terms is declined.
- The accused shall be released on a bond of Kshs.50,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
21 paragraphs
Kiarie v Republic (Miscellaneous Criminal Application E024 of 2024) [2024] KEHC 7174 (KLR) (27 May 2024) (Ruling)
Neutral citation: [2024] KEHC 7174 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Criminal Application E024 of 2024
DO Chepkwony, J
May 27, 2024
Between
Stephen Shunge Kiarie
Applicant
and
Republic
Respondent
Ruling
1. The matter is for mention for parties to highlight their respective submissions on the Notice of Motion application dated 22nd February, 2-24 in which the Applicant has sought a reduction of the bail/bond terms that were granted to him by the court.
2. The Applicant is seeking for a reduction of the bond terms from Kshs.50,000/= to Kshsl.10,000/=. He states that his family cannot afford to raise the said sum of Kshs.50,000/= as bail for his release.
3. Having listened to the Applicant and Respondent’s counsel, I have also read through the original Record of Proceedings and established that the accused is facing three (3) Counts, two of which are of serious nature.
4. The Applicant is charged with the offences of Being in Possession of the Ammunition and ID Cards belonging to different people. Clearly, without any explanation or evidence of what he engages in the offences deposit a person who could be involved in suspicious conduct.
5. For holding ID Cards which belong to other people, it is clear that the likelihood of the Applicant absconding being high. It is therefore not even recommended that he be released on cash bail, more so, in the sums and terms he has proposed.
6. This court thus declines to grant the prayer sought in the application and proceeds to order that the accused be released on a bond of Kshs.50,000/= with one surety of a similar amount.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 27TH DAY OF MAY ,2024. D. O. CHEPKWONYJUDGE