[2017] KEHC 3410 (KLR)
The court found that while the seriousness of the offence justified substantial bail terms, the inability of the 2nd accused to raise the bond for over five months, the favorable pre-bail report, and the availability of alternative forms of surety (such as motor vehicle log books) warranted a reduction in the bail...
Source-derived case information.
- Citation
- [2017] KEHC 3410 (KLR)
- Parties
- Applicant: Republic; Defendant: Amos Mwenda; Defendant: Patrick Kobia alias Mututho
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2017
- Procedural Posture
- Criminal Case / Bail Review Ruling
- Outcome
- Cash bail reduced; bond terms varied.
- Judges
- F Gikonyo
- Legal Topics
- Bail Conditions, Bond Review, Right to Bail
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Amos Mwenda
Defendant
Patrick Kobia alias Mututho
Defendant
Procedural Posture
Criminal Case / Bail Review Ruling
Legal Issues
- 1 Whether the cash bail and bond terms set for the 2nd accused are reasonable under Article 49(1)(h) of the Constitution.
- 2 Whether the bail/bond terms should be reviewed considering the accused's inability to raise the bond for over 5 months.
Ratio Decidendi
The court found that while the seriousness of the offence justified substantial bail terms, the inability of the 2nd accused to raise the bond for over five months, the favorable pre-bail report, and the availability of alternative forms of surety (such as motor vehicle log books) warranted a reduction in the bail and bond amounts. The court exercised its discretion to ensure that the bail conditions were reasonable and not unduly restrictive, in line with constitutional and policy guidelines. Accordingly, the cash bail was reduced to Kshs. 75,000 or bond of Kshs. 150,000 with one surety of a similar amount.
Court Disposition
Cash bail reduced; bond terms varied.
Orders
- Cash bail for the 2nd accused reduced to Kshs. 75,000 or bond of Kshs. 150,000 with one surety of similar amount.
- 2nd accused to be released on meeting the revised terms.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO.28 OF 2017
REPUBLIC……………………………....………………….DPP
Versus
AMOS MWENDA…………………..………….1ST ACCUSED
PATRICK KOBIA ALIAS MUTUTHO…………2ND ACCUSED
RULING
[1]The accused persons were on 3rd May 2017 granted a cash bail of Kshs 100,000 or in the alternative a bond of Kshs 200,000 with a surety of a similar amount. The 1st accused was subsequently released after his surety was approved on 5th May 2017. The 2nd accused is still in custody and has through his counsel sought reduction of the cash on the basis that the land in her area is not valuable. Ms Namiti on the other hand contended that the bail was sufficient and could be served through other alternative than land, for instance log book of motor vehicles etc.
DETERMINATION
[2]I have carefully considered this application and the rival contentions by the parties. Under Article 49 (1) (h) of the Constitution, bond or bail should be on reasonable conditions. What amounts to ‘’reasonable condition’’ is at the discretion of the court. Except, however, the amount of bond or bail shall have due regard to the circumstances of the case and shall not be excessive or unduly restrictive of the enjoyment of the right to bail. Applying this test, given the serious nature of the offence of murder, cash bail of Kshs. 100,000 or bond of Kshs. 200,000 is reasonable. I should state that other alternatives such as log books for motor vehicles may also act as surety. It need not be land only. However, I am aware of the “Bail and Bond Policy Guidelines” published in March 2015 which acknowledges review of bail/bond terms as part of the fair action by courts in the criminal justice system. I will also consider that the pre-bail report filed in respect of the accused person favored his release on bond/bail. Similarly, I will take into account that the 2nd accused has not been able to raise the bond for over 5 months now. Based on these reasons, I will reluctantly reduce the cash bail to Kshs. 75,000 or bond of Kshs. 150,000 with one surety of similar amount. The 2nd accused person shall be released on those terms. It is so ordered.
Dated, signed and delivered in open court at Meru this 21st day of September 2017
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F. GIKONYO
JUDGE
In the presence of:
Mr.Namiti for State
Mr. Ojiambo advocate for Thibaru advocate for 2nd accused
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F. GIKONYO
JUDGE