[2022] KEHC 529 (KLR)
The court found that although no change of circumstances had been demonstrated by the accused, the setting of bail terms ultimately lies within the court's discretion. After considering the submissions of both parties and the inability of the accused to meet the original bail terms, the court exercised its...
Source-derived case information.
- Citation
- [2022] KEHC 529 (KLR)
- Parties
- Applicant: Republic; Respondent: Paul Ndolo Kasyoka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2019
- Procedural Posture
- Criminal Case / Ruling on Application for Revision of Bail Terms
- Outcome
- application for revision of bail terms allowed in part
- Judges
- DO Ogembo
- Legal Topics
- Bail Revision, Bond Terms, Judicial Discretion, Change of Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Ndolo Kasyoka
Respondent
Procedural Posture
Criminal Case / Ruling on Application for Revision of Bail Terms
Legal Issues
- 1 Whether the bail terms previously set should be revised in favour of the accused.
- 2 Whether there has been a change of circumstances to warrant review of bail terms.
- 3 Whether the court should exercise its discretion to revise bail terms in the absence of changed circumstances.
Ratio Decidendi
The court found that although no change of circumstances had been demonstrated by the accused, the setting of bail terms ultimately lies within the court's discretion. After considering the submissions of both parties and the inability of the accused to meet the original bail terms, the court exercised its discretion to revise the bail terms downward. The court ordered that the accused may be released on a bond of Kshs. 1 million with one surety of a similar amount, revising the previous order of Kshs. 2 million bond with one surety. The court emphasized that bail is a right and that terms should not be so onerous as to defeat that right, even in the absence of a formal change in...
Court Disposition
application for revision of bail terms allowed in part
Orders
- The accused may be released on a bond of Kshs. 1 million with one surety of a similar amount.
- Previous bail order of Kshs. 2 million bond with one surety is revised accordingly.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Kasyoka (Criminal Case 40 of 2019) [2022] KEHC 529 (KLR) (Crim) (25 May 2022) (Ruling)
Neutral citation: [2022] KEHC 529 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal Case 40 of 2019
DO Ogembo, J
May 25, 2022
Between
Republic
Prosecution
and
Paul Ndolo Kasyoka
Accused
Ruling
1. The accused Paul Ndolo Kasyoka, has applied to this court seeking that this court do revise the terms of bail set herein. It has been submitted that since 26. 2.2020, he has been unable to raise the terms set. He proposed that he be released on a revised sum of Kshs. 500,000/= with 1 surety.
2. The prosecution side have opposed this application basically on grounds that there has been no change of circumstances herein to warrant any review. And that the terms set are reasonable. It was urged that this application be dismissed.
3. I have considered the submissions of both sides herein. This is an application for revision of the orders of this court of 26. 2.2022 on bail. In the said orders, this court placed the applicant on a bond of Kshs.2 million with 1 surety of a similar amount. The court made this ruling after due consideration of the circumstances of this case.
4. Whereas the court has not been shown any change of the circumstances herein, terms of bail are matters that lies in the discretion of the court. In view of the submissions made by counsel for the applicant, I revise the orders issued on 26. 2.2020. The applicant may be released on a revised term of a bond of Kshs. 1 million with 1 surety of a similar amount. Orders accordingly.
D. O. OGEMBOJUDGE5. 2022Court:Ruling read out in open court in the presence of the accused, counsel Ms. Ng’ania and Ms. Kimani for the state.D. O. OGEMBOJUDGEBefore Hon. D. Ogembo JKathomi court assistantAccused – presentMs. Ngania for accused – presentMs. Kimani for state – presentMs. KimaniThis matter is for hearing. We do not have a witness today. We expect them tomorrow. We ask for to proceed tomorrow.Ms. Ngania:This is a 2019 case. We would want to know how many are remaining. We need to move on with this case. Accused has right to expeditious hearing.Ms. Kimani:We expect 3 witnesses.Court:Case to proceed as fixed. Hearing 26. 5.2022. D. O. OGEMBOJUDGE