[2016] KEHC 2045 (KLR)
The court found that while the applicant's ill health is a relevant consideration, it must be weighed against the serious nature of the charge of robbery with violence. The court held that the bond is intended to secure the accused's attendance at trial, and that the applicant's inability to meet the previous bond...
Source-derived case information.
- Citation
- [2016] KEHC 2045 (KLR)
- Parties
- Applicant: Peter Mbabu Mutembei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 51 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Reduction of Bond Terms
- Outcome
- application for reduction of bond terms allowed in part
- Judges
- JV Juma
- Legal Topics
- Bond Terms, Bail Conditions, Robbery With Violence, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mbabu Mutembei
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Reduction of Bond Terms
Legal Issues
- 1 Whether the bond terms imposed on the applicant should be reduced further given his inability to meet them and his medical condition.
- 2 Whether the seriousness of the charge outweighs the applicant's ill health in determining bond terms.
Ratio Decidendi
The court found that while the applicant's ill health is a relevant consideration, it must be weighed against the serious nature of the charge of robbery with violence. The court held that the bond is intended to secure the accused's attendance at trial, and that the applicant's inability to meet the previous bond terms, coupled with his medical condition, justified a further reduction. However, the reduction must not undermine the seriousness of the offence. Therefore, the bond terms were varied to Ksh 300,000 plus one surety of like sum, balancing the applicant's circumstances with the need to ensure his attendance in court.
Court Disposition
application for reduction of bond terms allowed in part
Orders
- Bond terms varied to Ksh 300,000 plus one surety of like sum.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
MISC. CRIMINAL NO. 51 OF 2016
PETER MBABU MUTEMBEI........................................................ACCUSED
VERSUS
REPUBLIC ............................................................................... RESPONDENT
RULING
The applicant herein has sought a reduction in his bond terms. The applicant is currently on trial before the lower court on a charge of Robbery With Violence Contrary to Section 296(2) Penal Code.
Initially the applicant was granted a bond of Ksh 1. 0 million plus one surety of like sum. He was unable to meet those bond terms and sought for a reduction of the same. The trial court reduced the bond to Ksh 500,000/= plus one surety. The applicant was still unable to raise the bond terms and sought a further reduction. The trial court declined this request. Hence the present applicant before the High Court.
The applicant has averred that he is suffering a terminal illness and is ailing. He says his medical condition cannot be properly managed in remand. The application is opposed by the State.
I have considered the present applicant. Despite the ill health of the applicant I must bear in mind the serious nature of the charge he faces. The aim of the bond is to secure the future attendance of the accused in court. Given the circumstances, I hereby vary the bond terms granted to the applicant and I grant him a bond of Ksh 300,000/= plus one (1) surety of likesum.
Appellant in person
Mr. Motende for State
M. Odero
Judge
14/10/2016