[2014] KEHC 336 (KLR)
The court found that the bond terms previously set were unaffordable for the accused persons and, exercising its discretion, reviewed the bond to KES 500,000 with two sureties of like amount, or alternatively, a cash bail of KES 250,000. The court emphasized the importance of ensuring accused persons can afford bail...
Source-derived case information.
- Citation
- [2014] KEHC 336 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Bogonko Mose; Defendant: Evans Onkundi Nyangau
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 116 of 2013
- Procedural Posture
- Criminal Case / Bond Review Ruling
- Outcome
- Bond terms reviewed and reduced; accused persons granted alternative cash bail.
- Legal Topics
- Bail and Bond Terms, Bond Review, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Evans Bogonko Mose
Defendant
Evans Onkundi Nyangau
Defendant
Procedural Posture
Criminal Case / Bond Review Ruling
Ratio Decidendi
The court found that the bond terms previously set were unaffordable for the accused persons and, exercising its discretion, reviewed the bond to KES 500,000 with two sureties of like amount, or alternatively, a cash bail of KES 250,000. The court emphasized the importance of ensuring accused persons can afford bail while also securing their attendance in court. The revised terms balance the rights of the accused with the interests of justice. The court further ordered regular mentions and set out consequences for non-compliance with the bond terms.
Court Disposition
Bond terms reviewed and reduced; accused persons granted alternative cash bail.
Orders
- Bond is reduced to KES 500,000 with two sureties of like amount, sureties to be approved by the Deputy Registrar.
- In the alternative, each accused may be released on deposit of cash bail of KES 250,000.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 116 OF 2013
REPUBLIC…………………………………………….…….…………..APPLICANT
VERSUS
EVANS BOGONKO MOSE…………………..……….....…………..1ST ACCUSED
EVANS ONKUNDI NYANGAU………………….…….......…………2ND ACCUSED
RULING
The counsel for accused applied that the bond terms and condition given by the earlier court be reviewed downwards for affordability by the accused persons. The previous orders are hereby annexed.
The court hereby reviews the same as herebelow:
1) The bond is reduced to kshs. 500,000 with two sureties of the like amount, the sureties to be approved by the Deputy Registrar of this court.
2) In the alternative, each accused be released on deposit of cash bail of 250,000(shillings two hundred and fifty only).
3) Once released, each accused shall attend court once every 30 days for mention until the case is heard and determined or until further orders of this honourable court.
4) Failure to comply with these bond terms shall lead to automatic forfeiture of cash and/or cancellation of bond and sureties being called to account.
5) Mention on 22nd November, 2014.
Orders accordingly.
Dated and delivered at Kisii this 21st October, 2014.
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Mageto holding brief for Ondari for accused-both.
Otieno for state.
Edwin Mongare Court Clerk.