[2021] KEHC 7503 (KLR)
The court found that the Accused is an orphan with limited means, as evidenced by the pre-bail report and submissions. The principle that bond terms must be reasonable and tailored to the accused's circumstances was applied. The court exercised its discretion to reduce the bond terms from Kshs.300,000/= to...
Source-derived case information.
- Citation
- [2021] KEHC 7503 (KLR)
- Parties
- Respondent: Republic; Applicant: Boniface Kibet Koech
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2019
- Procedural Posture
- Criminal Case / Ruling on Review of Bond Terms
- Outcome
- bond terms reviewed and reduced
- Legal Topics
- Bail and Bond, Judicial Discretion, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Boniface Kibet Koech
Applicant
Procedural Posture
Criminal Case / Ruling on Review of Bond Terms
Legal Issues
- 1 Whether the bond terms previously set for the Accused were reasonable in light of his socio-economic circumstances.
- 2 Whether the court should exercise its discretion to review and reduce the bond terms.
Ratio Decidendi
The court found that the Accused is an orphan with limited means, as evidenced by the pre-bail report and submissions. The principle that bond terms must be reasonable and tailored to the accused's circumstances was applied. The court exercised its discretion to reduce the bond terms from Kshs.300,000/= to Kshs.150,000/=, or alternatively, a personal bond of Kshs.150,000/= with two sureties of similar amount. The court emphasized that the Accused must not interfere with witnesses or impede the trial.
Court Disposition
bond terms reviewed and reduced
Orders
- Bond terms reduced to cash bail of Kshs.150,000/=.
- Alternatively, the Accused may execute a personal bond of Kshs.150,000/= with two sureties of Kshs.150,000/= each.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BOMET
CRIMINAL CASE NO. 18 OF 2019
REPUBLIC.....................................................PROSECUTOR
VERSUS
BONIFACE KIBET KOECH.................................ACCUSED
RULING
1. This ruling is in respect of a review application made by the Accused. The Accused was granted the following bond terms:-
(i) He shall post cash bail of Kshs.300,000/= with one surety of similar amount.
(ii) As an alternative to 1 above, the accused shall execute a personal bond of Kshs.300,000/= and provide 2 sureties of Kshs.300,000/= each.
(iii) He shall not interfere with witnesses in any way.
(iv) He shall attend court whenever required and shall not impede the trial in any way.
2. When the matter came up for pre-trial directions on 18th March 2021, defence Counsel Mr. Kipngetich, asked the court to review the bond terms granted to the Accused. Counsel submitted that the Accused was unable to meet the bond terms for reason that he is an orphan and his guardians could not meet the terms. Counsel stated that the said guardians were able to raise a cash bail of Kshs.100,000/= only.
3. I have considered the application. The Accused was granted bond of Kshs.300,000/= which he now says he cannot afford. It is a Constitutional edict that bond terms should be reasonable. What is reasonable is dependent on the offence committed, the circumstances of each case and the particular socio-economic circumstances of the Accused. See The Judiciary Bail and Bond Policy Guidelines (2015)
4. In this case, I have looked at the pre-bail report. It is true, as submitted by Counsel that the Accused is an orphan who dropped out of school in class 7. I have also considered that the Accused is facing a charge of murder. I exercise my discretion to reduce the bond terms from cash bail of Kshs.300,000/= to Kshs.150,000/= and in the alternative, the Accused shall execute a personal bond of Kshs.150,000/= and provide two sureties of Kshs.150,000/= each. The Accused shall not interfere with witnesses or impede the trial in any way.
5. Orders accordingly.
Ruling delivered, dated and signed this 29th day of April, 2021.
..........................
R. LAGAT-KORIR
JUDGE
Ruling delivered in the presence of the Accused, Defence Counsel Mr. Kipngetich, Mr. Mureithi for the DPP, and Kiprotich (Court Assistant).