[2016] KEHC 4935 (KLR)
The court held that the accused's right to bond, as enshrined in the Constitution, should not be rendered illusory by his inability to secure sureties for the amounts previously ordered. Since the State did not oppose the application and there were no compelling reasons to deny bond, the court found it just to...
Source-derived case information.
- Citation
- [2016] KEHC 4935 (KLR)
- Parties
- Respondent: Republic; Applicant: John Ndabu Nyarori
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bond Review Application
- Outcome
- Application for review of bond terms allowed.
- Judges
- WA Okwany
- Legal Topics
- Right to Bail, Bond Terms Review, Pretrial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
John Ndabu Nyarori
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Review Application
Legal Issues
- 1 Whether the accused's right to bond should be curtailed due to inability to secure sureties for the amounts previously ordered.
- 2 Whether the bond terms should be reviewed to allow the accused's release on more affordable terms.
Ratio Decidendi
The court held that the accused's right to bond, as enshrined in the Constitution, should not be rendered illusory by his inability to secure sureties for the amounts previously ordered. Since the State did not oppose the application and there were no compelling reasons to deny bond, the court found it just to review the bond terms to amounts the accused could reasonably meet. The court thus reduced the bond to a personal bond of Kshs. 1,000,000 with one surety of Kshs. 500,000, maintaining other conditions as previously set.
Court Disposition
Application for review of bond terms allowed.
Orders
- The accused may be released upon executing his own personal bond of Kshs. 1,000,000 with one surety of Kshs. 500,000.
- Other conditions of bond to remain as set in the ruling delivered on 19th December, 2013.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 20 OF 2013
REPUBLIC………………………..………………………..PROSECUTOR
VERSUS
JOHN NDABU NYARORI…………………….………………….ACCUSED
RULING
The accused herein JOHN NDABU NYARORI, was first arraigned in court on 1st March, 2013 on one count of murder contrary to Section 203 as read with Section 204 of the Penal Code.
On 19th December 2013, this court granted the accused bond of Kshs. 3,000,000/= with 2 sureties of similar amount.
The accused was unable to meet the bond terms and on 21st October, 2015 he applied for a review of the bond terms. On 17th November 2015, the accused’s bond terms were further reviewed to Kshs. 3,000,000/= with 2 sureties of Kshs. 1,000,000/= each.
The accused is still unable to meet the bond terms and on 1st March, 2016, exactly 2 years after being arraigned in court, applied for a further review of the bond terms.
Indeed, this court recognizes that bond is a constitutional right which cannot be denied except for very compelling reasons.
In the instant case the state is not opposed to the accused being released on bond.
The Accused’s only handicap has been his inability to secure persons that can stand surety for him for the amounts that had been ordered by the court.
It is this court’s view that the accused’s right to bond should not be curtailed by his inability to get well-heeled sureties who can afford the amount of bond ordered.
It is for this reason that this court deems it fit to further review the order on bond and grant the accused’s application in the following terms:
The accused may be released upon executing his own personal bond of Kshs. 1,000,000/= (one million) with one surety of Kshs. 500,000/=. The other conditions of bond shall remain as were set in the ruling delivered on 19th December, 2013.
It is so ordered.
Delivered, dated and signed in at Kisii on 4thday of May,2016.
W.A. OKWANY
JUDGE
In the presence of:
Mr. Otieno for the State
Mr. Momanyi for the Accused
Omwoyo court clerk