[2025] KEHC 920 (KLR)
The court found that the bond terms initially set at Kshs. 500,000/= were excessive given the socio-economic conditions in Voi, a hardship area where most people do not possess title deeds or substantial assets. Taking judicial notice of these circumstances, the court exercised its discretion to reduce the bond...
Source-derived case information.
- Citation
- [2025] KEHC 920 (KLR)
- Parties
- Applicant: Republic; Defendant: Hamisi Tayari Kazungu; Defendant: Suleiman Chigamba Zembe
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bond Review Application
- Outcome
- Bond terms reviewed and reduced.
- Judges
- AN Ongeri
- Legal Topics
- Bond Terms, Bail Review, Hardship Areas
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hamisi Tayari Kazungu
Defendant
Suleiman Chigamba Zembe
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Review Application
Legal Issues
- 1 Whether the bond terms previously set for the accused persons should be reviewed and reduced in light of local hardship circumstances.
Ratio Decidendi
The court found that the bond terms initially set at Kshs. 500,000/= were excessive given the socio-economic conditions in Voi, a hardship area where most people do not possess title deeds or substantial assets. Taking judicial notice of these circumstances, the court exercised its discretion to reduce the bond amount to Kshs. 300,000/= with one surety of a similar amount for each accused, ensuring that the right to reasonable bail is upheld while still securing the accused's attendance at trial.
Court Disposition
Bond terms reviewed and reduced.
Orders
- Bond for each accused reduced from Kshs. 500,000/= to Kshs. 300,000/= with one surety of similar amount.
- Further hearing scheduled for March 10, 2025.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Kazungu & another (Criminal Case E004 of 2023) [2025] KEHC 920 (KLR) (23 January 2025) (Ruling)
Neutral citation: [2025] KEHC 920 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Case E004 of 2023
AN Ongeri, J
January 23, 2025
Between
Republic
Prosecutor
and
Hamisi Tayari Kazungu
1st Accused
Suleiman Chigamba Zembe
2nd Accused
Ruling
1. I have considered the submissions by the learned defence Counsel seeking review of the bond terms granted to the Accused persons in this case.
2. This court takes judicial notice of the fact that Voi is a hardship area and most people do not have title deeds for their properties.
3. I reduce the bond from Kshs. 500,000/= to Kshs. 300,000/= with one surety each of similar amount.
4. Further hearing on March 10, 2025.
DATED, SIGNED AND DELIVERED THIS 23RD DAY OF JANUARY 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Prosecutor: Ms. KanyuiraCourt Assistant: MainaMr. Mosioma for 1st AccusedMr. Mwanyumba for 2nd Accused