[2022] KEHC 15009 (KLR)
The court found that, although the prosecution argued there was no change of circumstances, the fact that some co-accused had already secured sureties and were out on bond was a relevant consideration. The court determined that it would be in the interests of justice to revise the bond terms for the 2nd accused. The...
Source-derived case information.
- Citation
- [2022] KEHC 15009 (KLR)
- Parties
- Applicant: Republic; Defendant: Jonathan Muema Mutune; Defendant: Benard Mutie Muthani; Defendant: Kelvin Emojong; Defendant: Bwato Mohammed
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bond Revision Application
- Outcome
- application for revision of bond terms allowed in part
- Judges
- DO Ogembo
- Legal Topics
- Bail and Bond, Revision of Bond Terms, Change of Circumstances, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jonathan Muema Mutune
Defendant
Benard Mutie Muthani
Defendant
Kelvin Emojong
Defendant
Bwato Mohammed
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Revision Application
Legal Issues
- 1 Whether the 2nd accused is entitled to a revision of the bond terms previously set by the court.
- 2 Whether there has been a change of circumstances to justify the revision of bond terms.
Ratio Decidendi
The court found that, although the prosecution argued there was no change of circumstances, the fact that some co-accused had already secured sureties and were out on bond was a relevant consideration. The court determined that it would be in the interests of justice to revise the bond terms for the 2nd accused. The court exercised its discretion to revise the bond terms, allowing the 2nd accused to be released on a bond of Kshs 1,000,000 with one surety of a similar amount or an alternative cash bail of Kshs 100,000. All other terms of bond were to remain as previously ordered.
Court Disposition
application for revision of bond terms allowed in part
Orders
- The 2nd accused may be released on a bond of Kshs 1,000,000 with one surety of a similar amount or an alternative cash bail of Kshs 100,000.
- All other terms of bond shall remain as earlier ordered.
Full Case Text
Judgment text and source record
25 paragraphs
Prosecutor v Muthani & 3 others (Criminal Case E004 of 2021) [2022] KEHC 15009 (KLR) (Crim) (9 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15009 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case E004 of 2021
DO Ogembo, J
November 9, 2022
Between
Prosecutor
Republic
and
Jonathan Muema Mutune
1st Accused
Benard Mutie Muthani
2nd Accused
Kelvin Emojong
3rd Accused
Bwato Mohammed
4th Accused
Ruling
1. The 2nd accused, Bernard Mutie Muthani has filed this application dated October 14, 2022 seeking revision of the terms of bond as set by this court on 30. 8.2021. He has proposed to be released on a cash bail of Kshs 50,000. The prosecution has opposed this application on grounds that there has been no change of circumstances of this case as to justify the revision sought.
2. I have considered the above submissions. I have also considered the fact some of the co-accuseds have already secured sureties and are out on bond. In the circumstances, I find that it would be in the interests of justice that the terms of bond be revised in favour of accused 2.
3. Considering the nature of the charges herein, I revise the orders issued herein on August 30, 2021 and order that the 2nd accused may now be released on a bond of Kshs.1million with 1 surety of a similar amount or an alternative of Kshs 100,000. All the other terms of bond shall remain as earlier ordered. Orders accordingly.
D. O. OGEMBOJUDGE9TH NOVEMBER, 2022. Court:Ruling read out in open court in the presence of Ms. Kimani for state and Bosire for 2nd and 3rd.D. O. OGEMBOJUDGE9TH NOVEMBER, 2022.