[2015] KEHC 804 (KLR)
The court found that the Applicants, being foreigners, are required to deposit their passports with the court as a condition for bail to ensure their attendance at trial. The Applicants failed to provide evidence that they lost their passports, and without these documents, the court has no means to secure their...
Source-derived case information.
- Citation
- [2015] KEHC 804 (KLR)
- Parties
- Applicant: Kika Kelly Serge; Applicant: Fonki Gregory Aboeh; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 248 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Review of Bond Terms
- Outcome
- application dismissed
- Judges
- AW Macharia
- Legal Topics
- Bail Pending Trial, Bond Terms, Flight Risk, Foreign Nationals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kika Kelly Serge
Applicant
Fonki Gregory Aboeh
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Review of Bond Terms
Legal Issues
- 1 Whether the bond terms imposed on the Applicants are excessive and should be reviewed.
- 2 Whether the Applicants' status as foreigners and alleged loss of passports affects their eligibility for bail.
Ratio Decidendi
The court found that the Applicants, being foreigners, are required to deposit their passports with the court as a condition for bail to ensure their attendance at trial. The Applicants failed to provide evidence that they lost their passports, and without these documents, the court has no means to secure their presence. The court concluded that there is an almost certain risk that the Applicants would flee the jurisdiction if granted bail without depositing their passports. Consequently, the application for review of bond terms was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for review of bond terms is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APPLICATION NO.248 OF 2015
KIKA KELLY SERGE......................................................1ST APPLICANT
FONKI GREGORY ABOEH...........................................2ND APPLICANT
VERSUS
REPUBLIC......................................................................RESPONDENTS
RULING
I have considered the request for review of the Applicants’ application by Notice of Motion dated 10th September, 2015. By a ruling of Hon. Justice Kimaru of 29th July 2015, they were admitted to a bond of Kshs. 5 million with two sureties each of a similar amount. In addition, they were to deposit their passports with the court. They contend that the terms of bond are too high for them to afford.
Miss Ndombi for the Respondent opposed the application arguing that the Applicants are a flight risk as they are foreigners. Their contention that they lost their passports in a robbery was not supported by any evidence. If they are released on bond without securing their court attendance, they would definitely abscond.
In court, both Applicants conceded that they are foreigners. The sole purposed of granting bail pending trial is so as to ensure that an accused will avail himself for the trial. For purposes of persons who are not Kenyan citizens, it is important that they deposit their passports with the court in order that the court secures their attendance for trial once granted bail. There is no evidence that has so far been presented to the court to show that the Applicants lost their passports in a robbery. These are the only documents which the court can hold so as to ensure that the Applicants do not leave the jurisdiction of the court once granted the bail. The Applicants are not able to meet this requirement. That implies that there is an almost 100 percent chance that they will flee the jurisdiction of the court once granted bail. It is my view then that application is not merited. The same is dismissed
DATED AND DELIVERED THIS 12TH DAY OF NOVEMBER, 2015
G. W. NGENYE – MACHARIA
JUDGE
In the presence of:
1. 1st Applicant present in person
2. 2nd Applicant present in person
3. Miss Ndombi for the Respondent