[2018] KEHC 9816 (KLR)
The court found that although the applicant was charged with robbery with violence, the absence of a weapon and the relatively low value of the subject matter justified a variation of the bond terms. The court exercised its discretion to set bond and cash bail at amounts commensurate with the facts, ensuring the...
Source-derived case information.
- Citation
- [2018] KEHC 9816 (KLR)
- Parties
- Applicant: Michael Munene Kamau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 747 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Bond terms varied in favour of the applicant.
- Legal Topics
- Bail Terms, Robbery With Violence, Bond Variation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Munene Kamau
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the bond terms for the applicant charged with robbery with violence should be varied given the circumstances of the offence.
Ratio Decidendi
The court found that although the applicant was charged with robbery with violence, the absence of a weapon and the relatively low value of the subject matter justified a variation of the bond terms. The court exercised its discretion to set bond and cash bail at amounts commensurate with the facts, ensuring the applicant's right to reasonable bail while safeguarding the interests of justice.
Court Disposition
Bond terms varied in favour of the applicant.
Orders
- The applicant shall be released on a bond of Kshs. 200,000 with a surety of a similar amount or a cash bail of Kshs. 50,000.
- The surety shall be assessed by the trial court.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 747 OF 2018
MICHAEL MUNENE KAMAU..................APPLICANT
VERSUS
REPUBLIC...............................................RESPONDENT
RULING
I concur with the learned State Counsel. Although the Applicant is charged with robbery with violence, no weapon was used and the value of the subject is only Kshs. 21,000/=. The bond terms are varied as follows:
The Applicant shall be released on a bond of Kshs. 200,000/= with a surety of a similar amount or a cash bail of Kshs. 50,000/=. The surety shall be assessed by the trial court.
DATED and DELIVERED this 13th day of November, 2018
G.W. NGENYE-MACHARIA
JUDGE