[2015] KEHC 4290 (KLR)
The court found that the bond terms previously set were unaffordable for the accused persons and that the requirement for two sureties was unnecessarily onerous. In the interest of justice and to uphold the constitutional right to reasonable bail, the court exercised its discretion to review the bond terms. The...
Source-derived case information.
- Citation
- [2015] KEHC 4290 (KLR)
- Parties
- Applicant: Republic; Respondent: Evans Bogonko Mose; Respondent: Evans Onkundi Nyang'au
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 116 of 2013
- Procedural Posture
- Bond Review Application / Ruling on Second Application for Review of Bond Terms
- Outcome
- Bond terms reviewed and varied as requested by the accused persons.
- Judges
- CB Nagillah
- Legal Topics
- Bail and Bond, Review of Bond Terms, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Evans Bogonko Mose
Respondent
Evans Onkundi Nyang'au
Respondent
Procedural Posture
Bond Review Application / Ruling on Second Application for Review of Bond Terms
Legal Issues
- 1 Whether the bond terms previously set were excessive and unaffordable to the accused persons.
- 2 Whether the number of sureties required could be reduced to make bond terms more accessible.
- 3 Whether alternative cash bail should be granted in lieu of surety bond.
Ratio Decidendi
The court found that the bond terms previously set were unaffordable for the accused persons and that the requirement for two sureties was unnecessarily onerous. In the interest of justice and to uphold the constitutional right to reasonable bail, the court exercised its discretion to review the bond terms. The court reduced the bond to Ksh. 500,000 with one surety of similar amount, approved by the Deputy Registrar, and provided an alternative of cash bail of Ksh. 250,000 for each accused. The court also imposed conditions for regular court attendance and specified consequences for non-compliance, including forfeiture of cash or cancellation of bond. The decision balanced the accused...
Court Disposition
Bond terms reviewed and varied as requested by the accused persons.
Orders
- Bond reduced to Ksh. 500,000 with one surety of similar amount, surety to be approved by the Deputy Registrar.
- In the alternative, each accused may be released on deposit of cash bail of Ksh. 250,000.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
HCCR NO. 116 OF 2013
REPUBLIC ………………………………………………………PROSECUTOR
VERSUS
EVANS BOGONKO MOSE ……………………….….………….1ST ACCUSED
EVANS ONKUNDI NYANG`AU …………………........................2ND ACCUSED
RULING
This is a second application by counsel for the two accused persons for review of their bond terms. In the first application for bond, the court, Justice Sitati, released the applicants on bond if Ksh. 1,000,000 with two sureties of similar amount. This was on 29th November, 2013. The bond terms were not affordable to the accused persons.
Through their counsel Mr. Ondari, applied for review of the terms downwards. On 21st October, 2014 this court gave its ruling, reviewing these terms downwards from Ksh. 500,000 with two sureties of similar amount.
Mr. Ondari on 18th May, 2015 made yet another application for review of the bond terms, especially on the issue of sureties, that the sureties be reduced to one surety for affordability by the accused persons.
The previous orders, i.e. the immediate previous orders, are hereby annexed, those dated 21/10/2014.
Accordingly, therefore, the court hereby reviews the previous orders as here below:
1) The bond is reduced to Ksh. 500,000 with one surety of similar amount, the surety to be approved by the Deputy Registrar of this court.
2) In the alternative, each accused be released on deposit of cash bail of Ksh. 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 three bond terms shall lead to automatic forfeiture of cash and/or cancellation of bond and the said one surety being called to account.
5) Mention on 2nd July, 2015.
Orders accordingly.
Dated, Signed and Delivered at KISII this 2nd day of June, 2015.
C.B. NAGILLAH
JUDGE
In the presence of:
Ondari for both the accused persons
Otieno (absent) for the state
Samuel Omuga – court clerk