[2009] KEHC 696 (KLR)
The court found that the order of the magistrate requiring both personal bond and surety was excessive in the circumstances of the applicants, Juster Kagendo Thimangu and Joseph Mutabari Karichia. Exercising its revisionary jurisdiction, the High Court set aside the requirement for surety and ordered that the...
Source-derived case information.
- Citation
- [2009] KEHC 696 (KLR)
- Parties
- Applicant: Leonard Kinyua; Applicant: Johnson Kimathi; Applicant: Juster Kagendo; Applicant: Joseph Mutabari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 7 of 2009
- Procedural Posture
- Criminal Revision / Revision of Magistrate's Order
- Outcome
- order of magistrate revised; applicants released on personal bond only
- Judges
- MM Kasango
- Legal Topics
- Bail and Bond, Revision Jurisdiction, Magistrates Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Kinyua
Applicant
Johnson Kimathi
Applicant
Juster Kagendo
Applicant
Joseph Mutabari
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Revision of Magistrate's Order
Legal Issues
- 1 Whether the order of the magistrate requiring surety in addition to personal bond was proper in the circumstances.
- 2 Whether the applicants should be released on personal bond only.
Ratio Decidendi
The court found that the order of the magistrate requiring both personal bond and surety was excessive in the circumstances of the applicants, Juster Kagendo Thimangu and Joseph Mutabari Karichia. Exercising its revisionary jurisdiction, the High Court set aside the requirement for surety and ordered that the applicants be released on execution of their personal bond of Kshs. 20,000 for good behaviour for one year from 14th August 2009. The court's decision was guided by the principle that bail conditions should not be unnecessarily harsh or punitive, and that the High Court has the power to intervene where subordinate courts impose excessive conditions.
Court Disposition
order of magistrate revised; applicants released on personal bond only
Orders
- The order of the magistrate requiring surety in addition to personal bond is set aside in respect of Juster Kagendo Thimangu and Joseph Mutabari Karichia.
- Juster Kagendo Thimangu and Joseph Mutabari Karichia to be released on execution of their personal bond of Kshs. 20,000 for good behaviour for one year with effect from 14th August 2009.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
Criminal Revision 7 of 2009
LEONARD KINYUA ………..……………………. 1ST APPLICANT
JOHNSON KIMATHI …………………………… 2ND APPLICANT
JUSTER KAGENDO ……………………………. 3RD APPLICANT
JOSEPH MUTABARI …………………………… 4TH APPLICANT
VERSUS
REPUBLIC ………………...……………………… RESPONDENT
REVISION
Before Hon. Lady Justice Mary Kasango in chambers:-
This matter is referred to me with a view to revising the order made by the Magistrate’s Court Tigania in SRM (TIG) Cr. Misc. No. 7 of 2009 in respect of suspects, JUSPER KAGENDO THIMANGU and JOSEPH MUTABARI KARICHIA.
On 14th August 2009 the learned magistrate ordered both those suspects to execute personal bonds of Kshs. 20,000/= each with similar surety. I hereby revise and set aside that order only in respect of Juster Kagendo Thimangu and Joseph Mutabari. I order that JUSTER KAGENDO THIMANGU and JOSEPH MUTABARI KARICHIA be released on execution of their personal bond of Kshs. 20,000/= for good behaviour for a period of one year with effect from 14th August 2009.
Dated this 9th October 2009.
MARY KASANGO
JUDGE