[2021] KEHC 1204 (KLR)
The court held that the accused failed to demonstrate any changed circumstances since the original bond terms were set. The jurisprudence requires that for a review of bail or bond terms to be granted, the applicant must show that circumstances have changed in a manner that justifies such review. The mere assertion...
Source-derived case information.
- Citation
- [2021] KEHC 1204 (KLR)
- Parties
- Applicant: Republic; Respondent: Fredrick Nduchu Kamau
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 43 of 2020
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Bond Terms
- Outcome
- application dismissed
- Judges
- MM Kasango
- Legal Topics
- Bail and Bond, Review of Bail Terms, Changed Circumstances, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Fredrick Nduchu Kamau
Respondent
Procedural Posture
Criminal Case / Ruling on Application for Review of Bond Terms
Legal Issues
- 1 Whether the accused has demonstrated changed circumstances to justify review of bond/bail terms.
- 2 Whether the original bond terms were so stringent as to amount to a denial of bail.
Ratio Decidendi
The court held that the accused failed to demonstrate any changed circumstances since the original bond terms were set. The jurisprudence requires that for a review of bail or bond terms to be granted, the applicant must show that circumstances have changed in a manner that justifies such review. The mere assertion that the terms are stringent due to the accused's financial means, without evidence of changed circumstances, is insufficient. As such, the application for review was dismissed.
Court Disposition
application dismissed
Orders
- The notice of motion dated 25th September, 2021 is declined and dismissed.
- A hearing date shall be fixed at the reading of this ruling.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 43 OF 2020
BETWEEN
REPUBLIC.................................................................................................PROSECUTOR
VERSUS
FREDRICK NDUCHU KAMAU....................................................................ACCUSED
RULING
1. FREDRICK NDUCHU KAMAU, is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. He applied to be released on bail and by the court’s Ruling of 18th December, 2020, he was granted bond terms and alternative cash bail. He seeks by his application dated 25th September, 2021 those bond terms be reviewed.
3. In support of that application, the learned counsel for the accused deponed that since the issuance of bail to the accused, he has been unable to meet the terms thereof and has continued to remain in custody. The deponent then stated:-
“That it is my humble application for review of the bail and bond terms on the ground that the said terms were stringent for applicant’s meagre means, which was tantamount to denial of bail”
4. The application is opposed by the State on the basis that the accused faces serious offence and the terms of bond/bail ought to be commensurate.
5. The application fails to set out the changed circumstances that justify review of bond/bail terms. This, in my view, is invariably a prerequisite to the court granting review of bond/bail terms. This indeed is the jurisprudence espoused in the decided cases.
6. In the case REPUBLIC VS. FRANCIS MAINA WAIRIMU (2020) eKLR it was held thus:-
“In an application for review of the denial of bail the applicant is under a duty to convince the court that there had been change of circumstances from the time when he was denied bail to warrant the court reviewing its earlier orders.”
7. Additionally, in the same vein, it was held in the case REPUBLI VS. DIANA SULEIMAN SAID & ANOTHER (2014) eKLR as follows:-
“The changed circumstances test is one of a common sense that where the circumstances of the case are so altered that compelling reasons are disclosed for the refusal of bail or for review of terms thereof, the court as a court of justice must reserve for itself a power to revisit the issue in the interest of justice not only for the accused but also for the complainant and the society at large. In the same way that an unsuccessful applicant for bail may repeat his application if his circumstances changed in such a manner as to favour his release on bail, so may the prosecution urge that the situation has deteriorated to compel a reconsideration of bail granted to the accuse”
8. The accused having failed to demonstrate changed circumstances, the notice of motion dated 25th September, 2021 is declined. It is dismissed.
9. At the reading of this Ruling, a hearing date shall be fixed.
10. Orders accordingly.
RULING DATED AND DELIVERED AT KIAMBU THIS 9TH DAY OF DECEMBER, 2021.
MARY KASANGO
JUDGE
CORAM:
COURT ASSISTANT: MAURICE
FOR DPP:- MS. KATHAMBI/KASYOKA
FOR ACCUSED :- SARAH NJOKI
ACCUSED : FREDRICK NDUCHU KAMAU: PRESENT
COURT
RULING DELIVERED VIRTUALLY.
MARY KASANGO
JUDGE