[2021] KEHC 2777 (KLR)
The court found that the applicant's right to bail on reasonable terms, as enshrined in Article 49 of the Constitution, had not been adequately considered by the trial court. Given the seriousness of the charges but also the lack of opposition from the prosecution, the court exercised its revisionary powers to set...
Source-derived case information.
- Citation
- [2021] KEHC 2777 (KLR)
- Parties
- Applicant: Ndisya Mulu Mutua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E378 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed; bail terms revised
- Judges
- DO Ogembo
- Legal Topics
- Bail and Bond, Revision of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ndisya Mulu Mutua
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of the bail terms imposed by the trial court.
- 2 Whether the right to bail under Article 49 of the Constitution has been properly considered.
Ratio Decidendi
The court found that the applicant's right to bail on reasonable terms, as enshrined in Article 49 of the Constitution, had not been adequately considered by the trial court. Given the seriousness of the charges but also the lack of opposition from the prosecution, the court exercised its revisionary powers to set aside the previous bail terms and substitute them with more reasonable conditions. The court held that the applicant should be released on a bond of Ksh.3 million with one surety of a similar amount or, in the alternative, a cash bail of Ksh.300,000.
Court Disposition
application allowed; bail terms revised
Orders
- The application dated 14.10.2021 is allowed.
- The orders of the trial court of 12.10.2021 are revised.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL REVISIONE378 OF 2021
NDISYA MULU MUTUA...............................................................................APPLICANT
VERSUS
REPUBLIC...................................................................................................RESPONDENT
RULING
I have considered the submissions of both sides. Article 49 of the constitution guarantees the right to bail on reasonable terms. In this matter, I have considered the nature and the seriousness of the charges and the fact that the prosecution has not opposed the application.
I find this is a fit case for the exercise of the court’s powers of revision. I allow this application dated 14. 10. 2021 and revise the orders of the trial court of 12. 10. 2021. I order that the applicant may be released on revised terms of bond of Ksh.3 million with 1 surety of a similar amount or an alternative of Ksh.300,000 in cash bail. Orders accordingly.
D. O. OGEMBO
JUDGE
25. 10. 2021.
Court:
Lower court file to be returned to the Chief Magistrate’s court.
D. O. OGEMBO
JUDGE
25. 10. 2021.