[2021] KEHC 1371 (KLR)
The court found that the applicant, having been in remand for over six years and being a mother of ten children, was entitled to bail or bond. The previous concern regarding her safety upon release had been addressed by an affidavit from her brother-in-law, confirming she would be received well at home. The...
Source-derived case information.
- Citation
- [2021] KEHC 1371 (KLR)
- Parties
- Applicant: Mary Kimoi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 66 of 2015
- Procedural Posture
- Bail Application / Ruling on Bail/bond Pending Trial
- Outcome
- application for bail granted
- Judges
- DO Ogembo, DB Nyakundi
- Legal Topics
- Bail Application, Pretrial Release, Murder Charge, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Kimoi
Applicant
Republic
Respondent
Procedural Posture
Bail Application / Ruling on Bail/bond Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bail or bond pending trial for murder.
- 2 What are the appropriate terms for bail or bond in the circumstances.
Ratio Decidendi
The court found that the applicant, having been in remand for over six years and being a mother of ten children, was entitled to bail or bond. The previous concern regarding her safety upon release had been addressed by an affidavit from her brother-in-law, confirming she would be received well at home. The prosecution did not oppose bail, only proposing the amount. The court determined that affordable bond terms were appropriate to enable the applicant to care for her children while attending court for her trial. Accordingly, the court granted bail on terms it considered reasonable and proportionate to the applicant's circumstances.
Court Disposition
application for bail granted
Orders
- The accused is released on cash bail of Kshs.60,000.
- Alternatively, the accused is released on a bond of Kshs.150,000 with a surety of similar amount.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT ELDORET
CRIMINAL CASE NO. 66 OF 2015
MARY KIMOI..................................APPLICANT
VERSUS
REPUBLIC...................................RESPONDENT
RULING ON BAIL/BOND
1. On 20. 1.2016, the accused person herein MARY KIMOI applied for bail/bond which the court declined to grant mainly on the ground that the safety of the accused could not be guaranteed if the accused was to be released on bail.
2. Many years down the line, it appears that circumstances have changed on the ground, and the accused’s brother-in-law, AMOS KOMEN KENDAGOR has sworn an affidavit on 22. 10. 2021 stating that the accused would be received well at home.
3. The accused is a mother of 10 children and is charged with murder of her husband.
4. The accused is entitled to bond or bail. In the circumstances, all the court needs is to establish what terms to impose on bond. The prosecution did not oppose bail but submitted for a sum Shs.150,000 cash bail, or Shs.250,000 bond with one surety of similar amount.
5. The accused has been in remand for over 6 years now. She has young children who need her care. I am satisfied that the accused should be released on an affordable bond terms to take care of her children even as she attends court for hearing of her case.
6. In the upshot, I grant application for bond/bail in the following terms:
(i) The accused is hereby released on cash bail of Kshs.60,000, or alternatively;
(ii) The accused is released on a bond of Kshs.150,000 with a surety of similar amount.
SIGNED AND DATED IN ELDORET THIS 7TH DAY OF DECEMBER, 2021.
E. K. OGOLA
JUDGE
DATED AND DELIVERED IN ELDORET THIS 9TH DAY OF DECEMBER, 2021.
R. NYAKUNDI
JUDGE