[2021] KEHC 1984 (KLR)
The court declined to review the bail terms, holding that the seriousness of the charge of murder and the potential severity of punishment justified maintaining the previously set bail conditions. The court found that the risk of absconding is higher in serious offences such as murder, and the bail terms of Kshs....
Source-derived case information.
- Citation
- [2021] KEHC 1984 (KLR)
- Parties
- Applicant: Republic; Defendant: Jared Ooko Odira
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2018
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Bail Terms
- Outcome
- application for review of bail terms declined
- Judges
- MM Kasango
- Legal Topics
- Bail Review, Murder Charge, Pretrial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jared Ooko Odira
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Review of Bail Terms
Legal Issues
- 1 Whether the bail/bond terms previously set for the accused should be reviewed and reduced.
- 2 Whether the gravity of the offence justifies maintaining the current bail terms.
Ratio Decidendi
The court declined to review the bail terms, holding that the seriousness of the charge of murder and the potential severity of punishment justified maintaining the previously set bail conditions. The court found that the risk of absconding is higher in serious offences such as murder, and the bail terms of Kshs. 500,000 with surety or alternative cash bail of Kshs. 300,000 were reasonable in the circumstances. The accused's inability to raise bail did not, in itself, warrant a reduction of the terms, given the gravity of the offence and the established legal principles regarding bail.
Court Disposition
application for review of bail terms declined
Orders
- The application for review of bail terms is declined.
- The bail terms previously set remain in force.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 22 OF 2018
BETWEEN
REPUBLIC...........................................PROSECUTOR
VERSUS
JARED OOKO ODIRA.............................. ACCUSED
RULING
1. JARED OOKO ODIRAis charged with the offence of murder. The prosecution has called three witnesses. Further hearing of this case is fixed for 7th February, 2022. The accused prays that the court review the terms of bail/bond. The accused has been in custody from the date of taking plea.
2. On 4th July, 2018 accused was granted bail set at Kshs.500,000 and like surety. On 4th November, 2019 the court the court further made the following orders:-
“Bail terms to remain the same or alternative cash bail of Kshs.300,000 also the accused’s mother, Joan Akoth to be examined as surety in addition to cash deposit.”
3. The accused did not raise the amount for bail. He made an oral application on 4th October, 2021 for review of the terms of bail.
4. The accused is facing a serious offence. The gravity of the offence is one of the considerations by a court when rendering a decision on bail. This was considered in the case REPUBLIC VS. ROBERT ZIPPOR NZILU [2018] EKLR as follows:-
“10. Gravity of the offence as a consideration was appreciated byMbogholi Msagha, JinCriminal Application No. 319 of 2002 PRISCILLA JEMUTAI KOLONGE VS. REPUBLIC(unreported) at page 3, wherein he held as follows:-
‘However, the nature of the charge or offence and the seriousness of the punishment if the applicant is found guilty must be considered in applications of this nature. I subscribe to the observation that where the charge against the accused is more serious and punishment heavy, there are more probabilities and incentive to abscond, whereas in case of minor offences, there may be no such incentive.’”
5. The application for review of bail terms is declined. The terms previously set for bail are most reasonable.
RULING DATED AND DELIVERED AT KIAMBU THIS 18TH DAY OF NOVEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Maurice
For DPP :- Mr. Kasyoka
For Accused :- Absent
Accused JARED OOKO ODIRA:-Present
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE