[2016] KEHC 4594 (KLR)
The court found that, in the circumstances of the case and considering the concerns raised regarding the value of property and the lack of a home visit by the probation officers for the 1st accused, it was justified to set a bond of KES 2,000,000 with two sureties of KES 1,000,000 each for the 1st accused. For the...
Source-derived case information.
- Citation
- [2016] KEHC 4594 (KLR)
- Parties
- Plaintiff: Republic; Defendant: Barasa Nyongesa Mamati; Defendant: Leonard Situma
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bond Review Application
- Outcome
- Bond terms for 1st accused varied; bond terms for 2nd accused remain unchanged.
- Legal Topics
- Bond Review, Pre Bond Report, Bail Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Plaintiff
Barasa Nyongesa Mamati
Defendant
Leonard Situma
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Review Application
Legal Issues
- 1 Whether the bond terms for the accused persons should be reviewed.
- 2 Whether the pre-bond report for the 2nd accused is reliable.
Ratio Decidendi
The court found that, in the circumstances of the case and considering the concerns raised regarding the value of property and the lack of a home visit by the probation officers for the 1st accused, it was justified to set a bond of KES 2,000,000 with two sureties of KES 1,000,000 each for the 1st accused. For the 2nd accused, the court found no reason to doubt the pre-bond report and maintained the earlier bond ruling.
Court Disposition
Bond terms for 1st accused varied; bond terms for 2nd accused remain unchanged.
Orders
- 1st accused to be released on a bond of KES 2,000,000 with two sureties of KES 1,000,000 each.
- Bond terms for 2nd accused remain as previously ordered.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL CASE NO. 18 OF 2013
REPUBLIC………………………….……………………PLAINTIFF
VERSUS
BARASA NYONGESA MAMATI
LEONARD SITUMA……………………………….……ACCUSED PERSONS
RULING
This is a ruling arising from an application by the defense counsel seeking for review of the bond terms for both the accused. I have noted the concern as regards value of property in the this area, as regards the 1st accused. It was submitted that the probation officers did not visit the home of the accused.
Considering the circumstances surrounding this case I find that for the 1st accused a bond of 2 million shillings is justified. I am however willing to vary the terms as follows
1st accusedto be released on a bod of two million with two sureties of kshs. 1,000,000 each.
As for the 2nd accused I do not find any justification to doubt the pre-bond report and the earlier ruling stands.
Delivered and DatedatBungomathis 2nd day of June, 2016.
ALI-ARONI
JUDGE.