[2021] KEHC 4565 (KLR)
The court found that since there was no complaint regarding the suitability of the accused persons remaining on the same bond terms as previously granted in the three files, and since the applicants had already deposited cash bail covering the three criminal files, it was just and proper to consolidate the cash bail...
Source-derived case information.
- Citation
- [2021] KEHC 4565 (KLR)
- Parties
- Applicant: Peter Otieno; Applicant: George Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 89 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Bond Terms
- Outcome
- application for revision allowed; previous bond order revised and set aside
- Judges
- RE Aburili
- Legal Topics
- Bond Terms Revision, Consolidation of Charges, Cash Bail, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Otieno
Applicant
George Ochieng
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Bond Terms
Legal Issues
- 1 Whether the bond terms imposed after consolidation of criminal files should be revised to reflect the cash bail already deposited by the accused persons.
- 2 Whether the orders of 14.7.2021 failed to account for the cash bail deposited in the earlier criminal files.
Ratio Decidendi
The court found that since there was no complaint regarding the suitability of the accused persons remaining on the same bond terms as previously granted in the three files, and since the applicants had already deposited cash bail covering the three criminal files, it was just and proper to consolidate the cash bail and bond terms to apply to the consolidated charge sheet. The previous order of 14.7.2021 was revised and set aside to reflect this consolidation, ensuring that the accused persons are not prejudiced by the administrative consolidation of the cases.
Court Disposition
application for revision allowed; previous bond order revised and set aside
Orders
- The application for revision of the order of 14.7.2021 is allowed.
- The bond terms granted to the accused persons in PM CR 162, 163, and 165 of 2020 are consolidated.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLEANOUS CRIMINAL APPLICATION NO. 89 OF 2021
PETER OTIENO.................................................... 1ST APPLICANT
GEORGE OCHIENG ...........................................2ND APPLICANT
VERSUS
REPUBLIC .............................................................RESPONDENT
(An application from the judgment, conviction and sentence in SIAYA PMCRC NO. E165 OF 2020)
RULING
1. I have considered the application for revision of the Orders of 14. 7.2021 made by Hon. J. Ong’ondo Senior Principal Magistrate in Siaya PM Cr. Case No. 165 of 2020. I observe that the bond terms for the accused persons were reviewed after the charge sheet was amended consolidating three files Cr. Case 162, 163 and 165 of 2020 where the 2 accused persons now face 3 counts of grievous harm. Before 14. 2.2021, the trial court did not have the benefit of the other two files Cr. 162 and 163 of 2020.
2. As there is no complaint regarding the suitability of accused persons remaining on the same bond terms granted in each of the three files prior to the consolidation of the criminal files, I allow this application for revision of the Order of 14. 7.2021 made by Hon. J. Ong’ondo SPM and, Order that the bond terms granted to the 2 accused persons in PM CR 162, 163 and 165 of 2020 be and are hereby consolidated. The accused persons having deposited into court a total sum of KShs.30,000/= each for the three counts, the said cash bail is consolidated to apply to the consolidated charge sheet in Cr. Case No. 165/2020.
3. Accordingly, the Orders of 14. 7.2021 which made no reference to the cash bail deposited into court by the accused persons are hereby revised and set aside. Each Accused person to remain on bond of KShs.300,000/= plus one surety of similar amount, in the alternative, to be released on depositing into court cashbail of Kshs 30,000 each. As they have deposited cash bail of KShs.30,000/= each covering the three criminal files which are now consolidated, the cash bails to be consolidated to apply to Cr.165 of 2020.
4. Orders accordingly.
Dated, Signed and Delivered at Siaya this 28th day of July, 2021
R.E. ABURILI
JUDGE