[2015] KEHC 1779 (KLR)
The court found that the primary purpose of bond is to secure the accused's attendance at trial, not to punish. Since the accused was unable to secure sureties for the original bond amount, and the State did not oppose the application, the court determined that the bond terms should be reviewed to ensure they are...
Source-derived case information.
- Citation
- [2015] KEHC 1779 (KLR)
- Parties
- Respondent: Republic; Defendant: Evans Onsong Nyakweba
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 80 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bond Review Application
- Outcome
- Bond terms reviewed and reduced; accused to be released on new terms upon compliance.
- Judges
- WA Okwany
- Legal Topics
- Murder Charge, Bail and Bond, Bond Review, Reasonable Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Evans Onsong Nyakweba
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Review Application
Legal Issues
- 1 Whether the bond terms imposed on the accused were reasonable and not punitive.
- 2 Whether the accused should be granted a review of bond terms due to inability to secure sureties.
Ratio Decidendi
The court found that the primary purpose of bond is to secure the accused's attendance at trial, not to punish. Since the accused was unable to secure sureties for the original bond amount, and the State did not oppose the application, the court determined that the bond terms should be reviewed to ensure they are reasonable. The court therefore reduced the bond amount and maintained the requirement for two sureties, balancing the need to secure attendance with the accused's circumstances.
Court Disposition
Bond terms reviewed and reduced; accused to be released on new terms upon compliance.
Orders
- The accused may be released on execution of his own bond of Ksh.1,000,000 with two sureties of a similar amount.
- The sureties shall be approved by the Deputy Registrar of the court.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.80 OF 2013
REPUBLIC
VERSUS
EVANS ONSONGO NYAKWEBA...............ACCUSED
RULING
The accused person herein is charged with the offence of Murder contrary to Section 203as read withSection 204 of the Penal Code.
The accused pleaded not guilty to the charge and on 10th April 2014 applied to be released on bond pending his trial whereupon the court granted him bond on condition that he executes his own bond of Ksh.2,000,000/= with two sureties of a similar amount among other conditions.
On 30th September, 2015, more than one year after the accused had been granted bond, the accused applied orally in court for a review of the bond terms while stating that he was not able to secure the 2 sureties that could afford the Ksh.2,000,000/= bond.
Mr. Majale, counsel for the State did not oppose the accused’s application for review of the bond terms.
To decide on this application, the court must consider what amounts to reasonable bond terms in a case where the accused person is not capable of securing sureties.
The main aim of bond is to ensure and secure attendance of the accused person at his trial and for that reason, the bond terms ought to be reasonable and not punitive.
In view of the above, I hereby review the bond terms given to the accused person as follows:
The accused may be released on execution of his own bond of Ksh.1,000,000/= with 2 sureties of a similar amount.
The sureties shall be approved by the Deputy Registrar of this court.
Once released on bond the accused person shall appear for the mention of his case every 30 days until his case is heard and determined or until further orders of this court.
In default of No.(3) hereinabove, the bond shall be cancelled and the sureties called to account.
Mention on 4th November, 2015.
Accused remanded in custody.
Dated, signed and delivered in open court this 28th day of October 2015
HON. W. OKWANY
JUDGE
In the presence of:
Mr. Boyon for the State
Mr. Kaburi for Nyagwencha for the Accused
Omuga: court clerk