[2021] KEHC 5689 (KLR)
The court found that the accused's inability to raise the previously set bond, her family circumstances, and the Pre Bail Report's findings justified a review of the bond terms. The court emphasized that bond should not be oppressive and must serve the purpose of securing the accused's attendance at trial. The court...
Source-derived case information.
- Citation
- [2021] KEHC 5689 (KLR)
- Parties
- Applicant: Republic; Defendant: Joan Chepkoech
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2020
- Procedural Posture
- Criminal Case / Ruling on Review of Bond
- Outcome
- Bond terms reviewed and reduced.
- Judges
- NA Matheka
- Legal Topics
- Bail and Bond, Murder Charge, Pre Bail Report, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joan Chepkoech
Defendant
Procedural Posture
Criminal Case / Ruling on Review of Bond
Legal Issues
- 1 Whether the bond terms previously set were oppressive to the accused.
- 2 Whether the accused qualifies for a further review of bond terms based on her circumstances.
- 3 What security and surety arrangements are appropriate to ensure the accused's attendance at trial.
Ratio Decidendi
The court found that the accused's inability to raise the previously set bond, her family circumstances, and the Pre Bail Report's findings justified a review of the bond terms. The court emphasized that bond should not be oppressive and must serve the purpose of securing the accused's attendance at trial. The court therefore reduced the bond to Kshs. 100,000 with a surety of similar amount, allowed the uncle to stand surety with a motorbike as security, and required the father to provide confirmation of residence and identification. The court also imposed a condition restricting the accused from visiting the location where the offence occurred during the pendency of the case.
Court Disposition
Bond terms reviewed and reduced.
Orders
- Bond reduced to Kshs. 100,000 with a surety of similar amount.
- The accused's uncle may stand surety with a motorbike as security.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NUMBER 19 OF 2020
REPUBLIC............................................................................................................ODPP
VERSUS
JOAN CHEPKOECH.................................................................................ACCUSED
R U L I N G
(REVIEW OF BOND)
1. The accused person herein was charged with Murder c/ 203 as read with 204 of the Penal Code. She was granted bond which was later reviewed to Kshs. 150,000/- with a surety of similar amount.
2. During the last mention the accused made a plea for further review of the bond terms as her relatives have been unable to raise even these bond terms. The Pre Bail Report indicates that she has very young children, she is not a flight risk, and that she may well not be able to raise that bond.
3. The report further indicates that she has an uncle who has a motorbike valued at Kshs. 70,000/= and is willing to stand surety for her by depositing the log book in court. Further that the family owns a piece of land of 0. 7 acres where they live.
4. Bond terms should never be oppressive. Bail and Bond should serve to ensure that the accused person appears in court as and when required. I need not rehash the factors to be considered but at least the nature of the offence, the views of the victim and the circumstances of the accused. More importantly that the accused person will attend court as and when required till the determination of his case.
5. Taking the foregoing into consideration, and the nature of the offence, the bond is reviewed to Kshs. 100,000/= with surety of similar amount.
6. The uncle who has the motorbike may stand surety for her with the motorbike as security.
7. Her father will be the additional surety. He will only be required to avail a letter from the chief, confirming that they are indeed residents of that location, his full photograph and copy of his identity card.
8. The Deputy Registrar to assess the sureties accordingly.
9. Upon release and during the pendency of this case the accused not go to Kamwaura where the offence was committed.
10. Orders accordingly.
DATED, SIGNED AND DELIVERED VIA ZOOM THIS 30TH JUNE 2021.
MUMBUA T. MATHEKA
JUDGE
In the presence of:-
Court Assistant Edna
Ms. Murunga for state
Accused present
Counsel for accused Ms Ogange