[2014] KEHC 7838 (KLR)

[2014] KEHC 7838 (KLR)

The court found that the applicant had not demonstrated that the bond terms were excessive or unreasonable, particularly given the seriousness of the offence, which carries a death sentence. The court agreed with the principle that bail conditions should not be so lenient as to remove the incentive to attend trial, nor so harsh as to be unattainable. However, in consideration of the applicant's circumstances, the court allowed a partial review by reducing the amount required for the second surety, while maintaining the requirement for two sureties. The court was not convinced to reduce the number of sureties but found it reasonable to lower the financial burden of the second surety.

Citation
[2014] KEHC 7838 (KLR)
Parties
Respondent: Republic; Applicant: Joseph Thomas Olang
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
7 May 2014
Case Number
Criminal Case 67 of 2013
Procedural Posture
Criminal Case / Ruling on Application for Review of Bail Terms
Outcome
Application for review of bond terms partially allowed.
Judges
FN Muchemi
Legal Topics
Bail Review, Bond Terms, Surety Requirements
Source Language
English
Criminal Law Bail Review Bond Terms Surety Requirements

Case Brief

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Parties

Republic

Respondent

Joseph Thomas Olang

Applicant

Procedural Posture

Criminal Case / Ruling on Application for Review of Bail Terms

Legal Issues

  1. 1 Whether the bail or bond terms set for the applicant are excessive or unreasonable.
  2. 2 Whether the number and amount of sureties required should be reduced.

Ratio Decidendi

The court found that the applicant had not demonstrated that the bond terms were excessive or unreasonable, particularly given the seriousness of the offence, which carries a death sentence. The court agreed with the principle that bail conditions should not be so lenient as to remove the incentive to attend trial, nor so harsh as to be unattainable. However, in consideration of the applicant's circumstances, the court allowed a partial review by reducing the amount required for the second surety, while maintaining the requirement for two sureties. The court was not convinced to reduce the number of sureties but found it reasonable to lower the financial burden of the second surety.

Court Disposition

Application for review of bond terms partially allowed.

Orders

  • The applicant may be released on bond of Kshs.2,000,000 with two sureties: one of Kshs.2,000,000 and the other of Kshs.500,000.
  • All other conditions set by the court in its ruling delivered on 18th December 2013 remain applicable.