[2013] KEHC 4246 (KLR)
The court found that the bond terms previously imposed were not affordable for the accused, a 53-year-old diabetic man, and that the pre-bail report raised no objections to his release on bond. There was no opposition from the State to the revision of bond terms. The court held that it is necessary to balance the...
Source-derived case information.
- Citation
- [2013] KEHC 4246 (KLR)
- Parties
- Applicant: Republic; Defendant: David Kiplangat Tonui
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2011
- Procedural Posture
- Criminal Case / Ruling on Oral Application for Revision of Bond Terms
- Outcome
- bond terms revised in favour of accused
- Judges
- C.N Mutava
- Legal Topics
- Bail Revision, Bond Terms, Pre Bail Report, Right to Bail
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Kiplangat Tonui
Defendant
Procedural Posture
Criminal Case / Ruling on Oral Application for Revision of Bond Terms
Legal Issues
- 1 Whether the bond terms imposed on the accused were reasonable and affordable.
- 2 Whether the court should revise the bond terms to ensure the accused's constitutional right to bail is observed.
Ratio Decidendi
The court found that the bond terms previously imposed were not affordable for the accused, a 53-year-old diabetic man, and that the pre-bail report raised no objections to his release on bond. There was no opposition from the State to the revision of bond terms. The court held that it is necessary to balance the need to secure the accused's attendance with the requirement to set reasonable and affordable bond terms. Guided by the pre-bail report, the lack of State opposition, and the accused's constitutional right to bail, the court revised the bond terms to Kshs. 200,000 with one surety of a similar amount.
Court Disposition
bond terms revised in favour of accused
Orders
- The existing bond terms are revised; the accused is granted bond of Kshs. 200,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Kericho
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REPUBLIC……………………..…………….PROSECUTOR
-VERSUS-
DAVID KIPLANGAT TONUI………..............………ACCUSED
RULING
1. This ruling relates to an oral application by counsel for the accused person Mr. Orina for revision of bond terms imposed upon the accused person by this court (Hon. Mutende J.) on 13th November 2012. The application was made on 14th February 2013 when the matter was listed before me for directions on the hearing thereof. 2. In her ruling delivered on the aforesaid date, Hon. Justice Mutende granted the accused bond of Kshs. 500,000/- with two sureties of a similar sum. 3. In his submissions, Mr. Orina told the court that the bond terms imposed by the court on 13th November 2013 were not affordable to the accused person. He urged me to revise the terms to an affordable amount and to reduce the number of sureties to one.
4. I have considered the submissions by counsel.
5. I note that when the bail application was first made, the State did not oppose the same. The State did not also have an issue with the resent request for revision of the bond terms.
6. This court is enjoined to create a balance that ensures that attendance of an accused person in court is secured while at the same time place reasonable terms of the said security. In the case before me, the court record contains a pre-bail report filed on 6th November 2012 through which the Probation Officer expresses no reservation against grant of bond to the accused person. In particular, the report underscores that the accused is a 53-year old man who is diabetic and who is prepared to abide by all conditions set by the Honourable court.
7. On the strength of the pre-bail report, and having considered the submissions by counsel for the accused person, and there being no opposition to the present application from the State, I am inclined to revise the bond terms issued by my sister Hon. Mutende J guided by the need to observe the accused’s constitutional right to bail while safeguarding his future attendance to court.
8. In the circumstances, the existing bond terms are hereby revised and the accused granted bond of Kshs. 200,000/- with one surety of a similar amount.
9. It is so ordered.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 20th DAY FEBRUARY 2013.
J.M. MUTAVA
JUDGE
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