[2022] KEHC 11119 (KLR)
The court found that the applicant had not challenged the reasonableness of the bond terms themselves, only the approval of the surety. Upon review, the court held that the charges against the applicant were serious and that the bond terms set by the trial court were reasonable in the circumstances. Therefore, there...
Source-derived case information.
- Citation
- [2022] KEHC 11119 (KLR)
- Parties
- Applicant: Alfric Odhiambo Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E351 of 2021
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Revision of Bond Terms
- Outcome
- application dismissed
- Judges
- DO Ogembo
- Legal Topics
- Bail and Bond Terms, Revision Jurisdiction, Reasonableness of Bond, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfric Odhiambo Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Revision of Bond Terms
Legal Issues
- 1 Whether the bond terms set by the trial court in JKIA Criminal Case No. 40/2019 were reasonable.
- 2 Whether the applicant is entitled to a revision of the bond terms under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the applicant had not challenged the reasonableness of the bond terms themselves, only the approval of the surety. Upon review, the court held that the charges against the applicant were serious and that the bond terms set by the trial court were reasonable in the circumstances. Therefore, there was no basis to revise the bond terms, and the application lacked merit.
Court Disposition
application dismissed
Orders
- The application for revision of bond terms is dismissed.
- Lower court file to be returned to JKIA courts for trial.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno v Republic (Criminal Miscellaneous Application E351 of 2021) [2022] KEHC 11119 (KLR) (Crim) (31 May 2022) (Ruling)
Neutral citation: [2022] KEHC 11119 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Miscellaneous Application E351 of 2021
DO Ogembo, J
May 31, 2022
Between
Alfric Odhiambo Otieno
Applicant
and
Republic
Respondent
Ruling
1. By application dated 8. 10. 2021, the applicant, Alfric Odhiambo Otieno has urged this court to revise the terms of bond issued to him in JKIA Criminal Case No. 40/2019. In the same case, he was granted a bond of Kshs.4 million with 1 surety of a similar amount. He has submitted that the court did not approve the surety he availed in court as ordered.
2. The prosecution has opposed this application on the grounds that the terms were reasonable in view of the charges the applicant is facing.
3. I have considered the submissions by the 2 sides. Article 49(1)(h) guarantees the right to hail to all accuseds. The said provision of the constitution requires that the terms of bail be reasonable. This implies that each case would be considered depending on its own circumstances.
4. It is worth noting that the applicant has not challenged the reasonableness of the terms of bond as set. I have also considered the charges the applicant faces. The same, I must say, are serious. I am convinced that the terms of bond set by the trial court are reasonable. This application therefore lacks any merit. The same is dismissed.
HON. D. O. OGEMBOJUDGE31STMAY 2022. Court:Lower court file to be returned back to JKIA courts for trial.HON. D. O. OGEMBOJUDGE