[2015] KEHC 4207 (KLR)
The court found that the bond terms previously set were unaffordable for the accused persons considering their circumstances. Exercising its discretion, the court determined that justice would be served by reducing the personal bond from Kshs. 1,000,000 to Kshs. 500,000 and reducing the number of sureties required...
Source-derived case information.
- Citation
- [2015] KEHC 4207 (KLR)
- Parties
- Respondent: Republic; Applicant: Dennis Aruba Onyeri; Applicant: Charles Ondiba; Applicant: Benard Oyugi; Applicant: Bonface Nyaberi
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 109 of 2012
- Procedural Posture
- Criminal Case / Bond Review Application
- Outcome
- application for review of bond terms allowed in part
- Legal Topics
- Bail and Bond, Review of Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Dennis Aruba Onyeri
Applicant
Charles Ondiba
Applicant
Benard Oyugi
Applicant
Bonface Nyaberi
Applicant
Procedural Posture
Criminal Case / Bond Review Application
Legal Issues
- 1 Whether the bond terms previously set by the court should be reviewed downwards to make them affordable to the accused persons.
Ratio Decidendi
The court found that the bond terms previously set were unaffordable for the accused persons considering their circumstances. Exercising its discretion, the court determined that justice would be served by reducing the personal bond from Kshs. 1,000,000 to Kshs. 500,000 and reducing the number of sureties required from two to one. The court maintained the other bond conditions as previously set, balancing the need to secure the accused's attendance at trial with the constitutional right to reasonable bail terms.
Court Disposition
application for review of bond terms allowed in part
Orders
- The personal bond for each accused is reduced from Kshs. 1,000,000 to Kshs. 500,000 with one surety of similar amount.
- All other terms of the bond remain unchanged.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 109 OF 2012
REPUBLIC…………………………….…………………………….PROSECUTOR
VERSUS
DENNIS ARUBA ONYERI…………………….......…………………..1ST ACCUSED
CHARLES ONDIBA…………………………………………....……..2ND ACCUSED
BENARD OYUGI……………………………………..……………….3RD ACCUSED
BONFACE NYABERI………………………………………………….4TH ACCUSED
RULING
1. This is an application to review bond terms downwards by all the accused persons herein.
2. On the 15th December, 2014, the court ruled that the four accused persons be given personal bond of kshs. 1,000,000 with two sureties of similar amount. The accused person found the bond terms unaffordable considering his respective station in life.
3. Accordingly, they then made application to beseech the court to review the bond terms downwards, at any rate, to the terms affordable to them.
4. Having considered the matter, the court wish to review the terms as here below:
The personal bond is hereby reduced from Kshs. 1,000,000 to kshs. 500,000 with a one surety, instead of two, as earlier proposed.
5. It is so ordered.
6. However, the other terms of the bond remain the same.
Dated and delivered at KISII this 20th day of March, 2015.
C.B. NAGILLAH,
JUDGE.
In the presence of:
Kabui for the applicants.
No appearance for the respondent.
Edwin Mongare Court Clerk.