[2014] KEHC 2920 (KLR)
The court found that there was no evidence or reason advanced to suggest that the accused would abscond if released on personal bond. The accused had previously surrendered himself to court after his surety withdrew, demonstrating his willingness to attend trial. The probation officer's report supported the...
Source-derived case information.
- Citation
- [2014] KEHC 2920 (KLR)
- Parties
- Respondent: Republic; Applicant: Dedan Ngotho Njuguna
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond terms reviewed and accused released on free personal bond with reporting conditions.
- Legal Topics
- Bail and Bond, Murder Charge, Pretrial Release, Surety Withdrawal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Dedan Ngotho Njuguna
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to a review of bond terms after the withdrawal of surety.
- 2 What constitutes reasonable bond terms where the accused cannot raise cash bail or secure sureties.
- 3 Whether the accused is likely to abscond if released on personal bond.
Ratio Decidendi
The court found that there was no evidence or reason advanced to suggest that the accused would abscond if released on personal bond. The accused had previously surrendered himself to court after his surety withdrew, demonstrating his willingness to attend trial. The probation officer's report supported the accused's release on bond, and the court considered the accused's financial inability to secure sureties or raise cash bail. Therefore, the bond terms were reviewed to allow the accused's release on a free personal bond, subject to reporting conditions to ensure his attendance at trial.
Court Disposition
Bond terms reviewed and accused released on free personal bond with reporting conditions.
Orders
- The accused shall be released on free personal bond.
- The accused shall attend mention before the Deputy Registrar once every 30 days on dates set by the Deputy Registrar.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 18 OF 2012
REPUBLIC.............................................................................PROSECUTOR
versus
DEDAN NGOTHO NJUGUNA …..................................................ACCUSED
RULING ON BOND
The accused person faces a charge of murder contrary to section 202 as read with section 204 of the Penal Code. He pleaded not guilty on 30th May 2012 and on 10th December 2012 was released on bond of Ksh. 300,000/- with one surety of like sum.
When the accused person lost his job his mother in law who had stood surety for the same withdrew her surety on 14th February 2014 on the ground that she had a patient in the hospital and therefore needed the title and subsequently the accused advocate then on record Mr. Wahome withdrew from representing the accused.
The accused therefore made an application orally in court that his bond terms be reviewed stating that his mother in law who had stood surety subsequently took away his wife and child.
To enable the court decide on the application for review of bond terms I ordered for prebail report which has now been filed and in which the officer has recommended that the accused be released on bond. It is also confirmed that the accused was the sole bread winner of his family including his brother whom he was supporting at the university.
To decide on the application herein the court must look at what amounts to reasonable bond term in a situation where the accused person is not capable of raising cash bail or securing sureties.
The main aim of bond is to secure the attendance of the accused person at his trial, from the probation officer's report, no reason has been advanced to show that the accused will not turn up for his trial taking into account the fact that the accused at the time when his mother in law indicated that she intended to withdraw her surety was working in Mombasa and the same came back to Nyeri and surrendered himself to court.
Having considered all the circumstances and submissions herein I hereby review the bond terms given to the accused person as follows:
a. The accused person shall be released on free personal bond.
b. The accused person shall during the time of his trial attend mention before the Deputy Registrar of this court once after every 30 days ata date to be set by the said Deputy Registrar of this court.
The accused person to report immediately upon his release to report to his area chief and to report to the same each last Thursday of month until the final determination of the case.
Dated at Nyeri this 17th day of September 2014.
J. WAKIAGA
JUDGE
Court: Ruling delivered in open court in the presence of the accused and Mr. Njue for the state.
J. WAKIAGA
JUDGE