[2014] KEHC 315 (KLR)
The court exercised its discretion to review the bond terms downward, finding that the initial bond amount of Kshs. 3,000,000 was excessive in the circumstances. The court reduced the personal bond to Kshs. 1,000,000 with two sureties of similar amount, maintaining the other conditions previously set. The decision...
Source-derived case information.
- Citation
- [2014] KEHC 315 (KLR)
- Parties
- Accused: Jason Rioba Asango; Accused: Sospeter Aloys Nyakundi; Accused: Wyclife Mokaya Nyakundi; Applicant: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 71 of 2014
- Procedural Posture
- Criminal Case / Application for Review of Bond Terms
- Outcome
- Bond terms reviewed and reduced.
- Legal Topics
- Bond Review, Bail Conditions, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jason Rioba Asango
Accused
Sospeter Aloys Nyakundi
Accused
Wyclife Mokaya Nyakundi
Accused
Republic
Applicant
Procedural Posture
Criminal Case / Application for Review of Bond Terms
Legal Issues
- 1 Whether the bond terms previously set by the court should be reviewed downwards.
- 2 Whether the accused are entitled to more lenient bond conditions.
Ratio Decidendi
The court exercised its discretion to review the bond terms downward, finding that the initial bond amount of Kshs. 3,000,000 was excessive in the circumstances. The court reduced the personal bond to Kshs. 1,000,000 with two sureties of similar amount, maintaining the other conditions previously set. The decision was guided by the need to ensure the accused's attendance at trial while not imposing unduly harsh conditions that would effectively amount to a denial of bail. The court reaffirmed that the right to reasonable bail is constitutionally protected, but must be balanced against the interests of justice and the seriousness of the offence.
Court Disposition
Bond terms reviewed and reduced.
Orders
- Personal bond set at Kshs. 1,000,000 with two sureties of similar amount for each accused.
- Sureties to be approved by the Deputy Registrar.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 71 OF 2014
REPUBLIC…………………………….STATE
VERSUS
JASON RIOBA ASANGO………………….……………1ST ACCUSED
SOSPETER ALOYS NYAKUNDI………………….2ND ACCUSED
WYCLIFE MOKAYA NYAKUNDI……………….…3RD ACCUSED
RULING
This application is for review downwards of the terms and conditions of bond given by the court on 22nd September, 2014. That court gave the following terms:-
Kshs. 3,000,000, personal bond with two sureties of similar amount.
The sureties be approved by the Deputy Registrar.
Once released the accused shall attend court every 30 days until their case is heard and determined or until further orders of this court.
In default of any of the above bond terms, the court shall cancel with immediate effect and have the sureties taken to account.
Mention on 22nd October, 2014 for further orders. Dated 22nd September, 2014.
I now review the same as herebelow:
Kshs. 1,000,000/- personal bond with two sureties of similar amounts.
The other three terms of the earlier orders remain the same.
Mention on 23rd November, 2014 for further orders.
Ruling dated and delivered at Kisii this 5th day of November, 2014
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Bigogo holding brief for Momanyi for the applicant.
Otieno the state for the accused.
Edwin Court Clerk.