[2014] KEHC 312 (KLR)
The court found that the cash bail of Kshs. 100,000 previously set was no longer appropriate and cancelled it. Instead, the court reviewed the surety requirement upwards, ordering that the accused be released on a personal bond of Kshs. 500,000 with one surety of a similar amount. The court retained the conditions...
Source-derived case information.
- Citation
- [2014] KEHC 312 (KLR)
- Parties
- Accused: Josephine Kwamboka Kinaro; Prosecutor: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 89 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bond Review Application
- Outcome
- Bond terms reviewed; cash bail cancelled; personal bond and surety increased.
- Legal Topics
- Bail and Bond, Murder Charge, Review of Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephine Kwamboka Kinaro
Accused
Republic
Prosecutor
Procedural Posture
Criminal Case / Ruling on Bond Review Application
Legal Issues
- 1 Whether the bond terms previously set for the accused should be reviewed to make them more affordable for the accused person.
- 2 Whether the accused is entitled to a revision of the cash bail and surety requirements in light of the circumstances.
Ratio Decidendi
The court found that the cash bail of Kshs. 100,000 previously set was no longer appropriate and cancelled it. Instead, the court reviewed the surety requirement upwards, ordering that the accused be released on a personal bond of Kshs. 500,000 with one surety of a similar amount. The court retained the conditions that the accused shall not leave the jurisdiction without leave of court and must report to the Deputy Registrar every 30 days. The decision balanced the accused's right to bail with the seriousness of the charge and the need to ensure her attendance at trial.
Court Disposition
Bond terms reviewed; cash bail cancelled; personal bond and surety increased.
Orders
- The cash bail of Kshs. 100,000 is cancelled.
- The accused shall be released on a personal bond of Kshs. 500,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 89 OF 2012
REPUBLIC………………………………………………………………………………PROSECUTOR
VERSUS
JOSEPHINE KWAMBOKA KINARO……………………..…….........……………………..ACCUSED
RULING
This is an oral application made on 13th October, 2014 by counsel for the accused to review bond terms to make it affordable for the accused person. The accused was charged for murder, contrary to section 203 as read with 204 of the penal code. It is alleged that the accused Josephine Kwamboka Kinaro murdered James Kinaro Mauti on the 24th day of June, 2012 at Nyagesengi village, Boisanga 1 sub-location, Nyamira North District within Nyamira County in the Republic of Kenya.
The accused applied for bond before Justice Mureithi. He granted bail to the accused in the following terms:-
The accused will deposit cash bail of kshs. 100,000 in court.
The Accused provide (1) surety in the sum of kshs. 300,000/-.
The accused shall not leave the jurisdiction of the court without leave of court.
The accused will attend the Deputy Registrar every 30 days pending hearing and determination of her trial.
The court’s review, on review application will be as follows:-
The cash bail of kshs. 100,000 is hereby cancelled as per court order (a) of the court order dated 13th June, 2013.
Order (b) thereof is reviewed upwards of kshs. 500,000 personal bond with (1) one surety of similar amount.
Order (c) and (d) remain operative.
It is so ordered.
Dated and delivered at KISII this 11th day of November, 2014.
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Onyancha for Masese for the applicant.
Otieno for the state for the respondent.
Edwin Mongare Court Clerk.