[2016] KEHC 6659 (KLR)
The court found that the continued detention of the 2nd accused, in circumstances where the trial had not commenced for over four years and the accused was unable to raise the original bond sureties due to the death of one intended surety, would be unjust. The court emphasized that the purpose of bond is to secure...
Source-derived case information.
- Citation
- [2016] KEHC 6659 (KLR)
- Parties
- Respondent: Republic; Accused: Charles Ntabo Monda; Accused: Evans Makori Orina alias Nyamatari
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 148 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bond Review Application
- Outcome
- application for review of bond terms allowed
- Judges
- WA Okwany
- Legal Topics
- Bond Review, Bail Conditions, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Charles Ntabo Monda
Accused
Evans Makori Orina alias Nyamatari
Accused
Procedural Posture
Criminal Case / Ruling on Bond Review Application
Legal Issues
- 1 Whether the bond terms for the 2nd accused should be reviewed due to inability to raise sureties following the death of an intended surety.
- 2 Whether continued detention of the 2nd accused pending trial, which has not commenced for four years, is justifiable.
Ratio Decidendi
The court found that the continued detention of the 2nd accused, in circumstances where the trial had not commenced for over four years and the accused was unable to raise the original bond sureties due to the death of one intended surety, would be unjust. The court emphasized that the purpose of bond is to secure attendance at trial, not to punish or indefinitely detain an accused person. Accordingly, the bond terms were reviewed to make them attainable, balancing the interests of justice and the rights of the accused.
Court Disposition
application for review of bond terms allowed
Orders
- The 2nd accused may be released on bond upon executing his own personal bond of Kshs.1,000,000 with one surety of a similar amount.
- All other terms of bond to remain as previously ordered on 28th October 2015.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.148 OF 2012
REPUBLIC
VERSUS
CHARLES NTABO MONDA - ACCUSED
RULING
The 2nd accused person herein EVANS MAKORI ORINA alias NYAMATARI was on 28th October 2015 granted bond of Kshs.3,000,000. 00 (Three million only)with 2 sureties of a similar amount pending his trial.
On 20th January 2016, the 2nd accused, through his advocate Mr. Kaburi, made a passionate plea for a review of the bond terms citing inability to raise the requisite sureties following the death of one of his intended sureties in December 2015.
I have considered the 2nd accused’s application for a review of the bond terms and also taken note of the fact that the main purpose of bond is to ensure that an accused person attends court whenever he is required to do so.
In view of the above facts and taking into account the fact that the accused’s trial has not commenced with even one witness since this case was initiated way back in February 2012, I hereby allow the 2nd accused’s application for review of the bond terms as to disallow the application would be tantamount to condemning the 2nd accused to an indefinite stay in custody pending a hearing which has not taken of for the last 4 years.
Consequently, I hereby review the bond terms of the 2nd accused and order that he may be released on bond upon executing his own personal bond of Kshs.1,000,000/= with one surety of a similar amount.
The other terms of bond shall remain the same as was ordered by this court on 28th October 2015.
Dated, signed and delivered in open court this 22nd day of January 2016
HON. W. OKWANY
JUDGE
In the presence of:
Mr. Mochama for the State
Mr. Bigogo for the Accused
Mr. Omwoyo: court clerk.