[2022] KEHC 12872 (KLR)
The court found that while bail is a constitutional right, the terms imposed must not be so onerous as to effectively deny the accused that right. The court considered the Probation and Aftercare Services report, which indicated the accused's family could only raise Kshs. 50,000/= for cash bail, and noted that the...
Source-derived case information.
- Citation
- [2022] KEHC 12872 (KLR)
- Parties
- Applicant: Republic; Defendant: Samwel Chege alias Rasta
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2019
- Procedural Posture
- Criminal Case / Bail Review Ruling
- Outcome
- Bond terms reviewed and reduced.
- Judges
- TM Matheka
- Legal Topics
- Bail Terms, Murder Charge, Bond Review, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samwel Chege alias Rasta
Defendant
Procedural Posture
Criminal Case / Bail Review Ruling
Legal Issues
- 1 Whether the existing bond terms for the accused are excessively harsh and amount to a constructive denial of bail.
- 2 Whether the accused should be granted a review of bail terms considering the circumstances of the case.
Ratio Decidendi
The court found that while bail is a constitutional right, the terms imposed must not be so onerous as to effectively deny the accused that right. The court considered the Probation and Aftercare Services report, which indicated the accused's family could only raise Kshs. 50,000/= for cash bail, and noted that the prosecution's case was nearing completion. However, the court determined that cash bail was not suitable in the circumstances and that a surety was required. The bond terms were therefore reviewed downward to Kshs. 100,000/= with a surety of the same amount, or in the alternative, two sureties each of Kshs. 50,000/=. This adjustment was made to balance the accused's right to...
Court Disposition
Bond terms reviewed and reduced.
Orders
- Bond terms for the accused are reviewed to Kshs. 100,000/= with a surety of the same amount or in the alternative two sureties each of Kshs. 50,000/=
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Chege (Criminal Case 18 of 2019) [2022] KEHC 12872 (KLR) (9 September 2022) (Ruling)
Neutral citation: [2022] KEHC 12872 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 18 of 2019
TM Matheka, J
September 9, 2022
Between
Republic
Prosecution
and
Samwel Chege alias Rasta
Accused
Ruling
1. Samwel Chege was charged with Murder Contrary to section 203 as read with section 204 of the Penal Code. It was alleged that on March 5, 2019 at Belbur Village Njoro Sub County Nakuru County, he murdered Zacharia Aminga.
2. The matter was part heard before Ngetich J before she was transferred. The matter was allocated to me, the accused sought bail review.
3. The record shows that on December 17, 2019 the accused was admitted to bond of Kshs. 1,000,000/= with one surety of similar amount. This was reviewed to Kshs. 500,000/= with one surety of the same amount on 30th November, 2020. The accused has not been able to raise the said bond terms.
4. A Bail Review Report from Probation and Aftercare Services filed on August 30, 2022 indicates that the family is willing to raise Kshs. 50,000/= Cash Bail. On the other hand the family of the deceased is still bitter over his death, and on the other hand the case for the prosecution is nearing completion, pending only two (2) witnesses to be heard on November 29, 2022. Bond is a constitutional right and the terms ought not to be too harsh as to amount to a constructive denial of the same. Again, the terms should be such that prima facie, they can secure the attendance of the accused to all proceedings until the final determination of his case.
5. Having perused the Probation and After Care services report, and the record, it is my view that cash bail may not be suitable in the circumstances of this case. The accused requires a surety, the bond terms are reviewed to Kshs. 100,000/= with a surety of the same amount or in the alternative two sureties each of Kshs. 50,000/=.Orders accordingly.
SIGNED, DATED AND DELIVERED VIRTUALLY THIS 9TH DAY OF SEPTEMBER, 2022. MUMBUA T. MATHEKAJUDGEIn the presence of:Court Assistant: JenniferFor State: Ms MurungaN/A for Ms ChepngetichAccused present