[2006] KEHC 3159 (KLR)

[2006] KEHC 3159 (KLR)

The High Court found that while the Magistrate was entitled to consider the number and seriousness of the charges, the cash bail of Kshs.150,000/= was excessive given the total amount allegedly obtained was Kshs.98,000/=. The trial court should have also considered offering an alternative of bond plus surety. The High Court, therefore, exercised its discretion to reduce the cash bail to Kshs.70,000/= or, in the alternative, a bond of Kshs.100,000/= with one surety of similar amount, ensuring the bail terms were reasonable and not excessive in the circumstances.

Citation
[2006] KEHC 3159 (KLR)
Parties
Appellant: Patrick Irungu Maina; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
15 March 2006
Case Number
? 27 of 2006
Procedural Posture
Miscellaneous Application / Application for Review of Bail Terms
Outcome
application allowed in part
Judges
MSA Makhandia
Legal Topics
Bail Variation, Judicial Discretion, False Pretences, Excessive Bail, Bond and Surety
Source Language
English
Criminal Law Civil Procedure Bail Variation Judicial Discretion False Pretences Excessive Bail Bond and Surety

Case Brief

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Parties

Patrick Irungu Maina

Appellant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Application for Review of Bail Terms

Legal Issues

  1. 1 Whether the cash bail of Kshs.150,000/= imposed by the Magistrate was excessive in the circumstances.
  2. 2 Whether the Applicant should be granted an alternative of bond and surety instead of cash bail only.

Ratio Decidendi

The High Court found that while the Magistrate was entitled to consider the number and seriousness of the charges, the cash bail of Kshs.150,000/= was excessive given the total amount allegedly obtained was Kshs.98,000/=. The trial court should have also considered offering an alternative of bond plus surety. The High Court, therefore, exercised its discretion to reduce the cash bail to Kshs.70,000/= or, in the alternative, a bond of Kshs.100,000/= with one surety of similar amount, ensuring the bail terms were reasonable and not excessive in the circumstances.

Court Disposition

application allowed in part

Orders

  • The Applicant may be released upon depositing in Court cash bail of Kshs.70,000/=.
  • Alternatively, the Applicant shall execute a personal bond of Kshs.100,000/= plus one surety of similar amount to be approved in the normal manner.