[2023] KEHC 330 (KLR)
The court found that the accused had been in custody for a significant period since December 15, 2020, and that the case had not yet commenced. Exercising its discretion, and considering the constitutional guarantee of the right to bail on reasonable terms, the court determined that the previous bail terms were...
Source-derived case information.
- Citation
- [2023] KEHC 330 (KLR)
- Parties
- Applicant: Zacheus Wasonga Ballah; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E047 of 2020
- Procedural Posture
- Criminal Case / Ruling on Application for Revision of Bail Terms
- Outcome
- application for revision of bail terms allowed
- Judges
- DO Ogembo
- Legal Topics
- Bail Revision, Right to Bail, Judicial Discretion, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zacheus Wasonga Ballah
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Application for Revision of Bail Terms
Legal Issues
- 1 Whether the bail terms previously set for the accused were reasonable in the circumstances of the case.
- 2 Whether the accused is entitled to a revision of bail terms under Article 49(i)(h) of the Constitution.
Ratio Decidendi
The court found that the accused had been in custody for a significant period since December 15, 2020, and that the case had not yet commenced. Exercising its discretion, and considering the constitutional guarantee of the right to bail on reasonable terms, the court determined that the previous bail terms were excessive in the circumstances. The court therefore revised the bail terms to a bond of Kshs. 1 million with one surety of a similar amount or an alternative of Kshs. 200,000 in cash bail, while maintaining the other terms of bond as previously set.
Court Disposition
application for revision of bail terms allowed
Orders
- The applicant may be released on a revised bond of Kshs. 1 million with one surety of a similar amount or an alternative of Kshs. 200,000 in cash bail.
- The other terms of bond as earlier set shall remain in force.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Ballah (Criminal Case E047 of 2020) [2023] KEHC 330 (KLR) (Crim) (26 January 2023) (Ruling)
Neutral citation: [2023] KEHC 330 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case E047 of 2020
DO Ogembo, J
January 26, 2023
Between
Republic
Accused
and
Zacheus Wasonga Ballah
Accused
Ruling
1. The accused Zacheus Wasonga Ballah, has filed this application dated November 16, 2022 seeking revision of the terms of bail as set on November 2, 2021. Applicant has pleaded to be placed on a bond of Ksh.100,000/= or cashbail of 50,000/=. He has deponed that he has been unable to raise the terms set. The prosecution left the court to determine this application.
2. I have considered the application of the applicant. There is no doubt that the accused faces a serious charge of murder. Considering the circumstances of the case, the court on November 2, 2021 placed the accused on a bond of Kshs. 2 million with an alternative of Ksh. 300,000/= in cash bail. This was despite the strong objections raised by the Respondent.
3. Article 49(i)(h) guarantees the right to bail on reasonable terms. The accused has been in custody since December 15, 2020, and his case is yet to commence. The terms of bond as fixed is a matter of discretion of the court depending on circumstances of each case. Exercising my discretion. I allow this application for revision dated 16. 11. 2022. The applicant may be released on a revised bond of Kshs. 1 million with 1 surety of a similar amount or an alternative of Kshs.200,000/= in cash bail. The other terms of bond as earlier set shall remain in force. Orders accordingly.
RULING READ OUT IN OPEN COURT IN THE PRESENCE OF THE ACCUSED, MR. PATRICK NZOMO FOR ACCUSED AND MS. DELA FOR THE STATE.D. O. OGEMBOJUDGE26TH JANUARY, 2023