[2004] KEHC 934 (KLR)
The court found that the minor had been remanded for 6 months since his first appearance before the court, meeting the maximum remand period allowed under Rule 12(3) of the Children’s Act. The court rejected the argument that no recognizance or surety is required, clarifying that Rule 9 gives the court discretion to...
Source-derived case information.
- Citation
- [2004] KEHC 934 (KLR)
- Parties
- Respondent: Republic; Applicant: LKM (a Minor)
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 54 of 2004
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Application for release on bond allowed with conditions.
- Legal Topics
- Bail for Minors, Pretrial Detention, Children in Conflict With Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
LKM (a Minor)
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the minor accused of murder should be released on bond pending trial.
- 2 Whether the Children’s Act requires recognizance or surety for release of a minor on bond.
- 3 Whether the remand period for a child charged with a serious offence has been exceeded.
Ratio Decidendi
The court found that the minor had been remanded for 6 months since his first appearance before the court, meeting the maximum remand period allowed under Rule 12(3) of the Children’s Act. The court rejected the argument that no recognizance or surety is required, clarifying that Rule 9 gives the court discretion to impose terms for release. Given the seriousness of the charge (murder), the court determined that release on bond was appropriate but should be subject to conditions to ensure attendance, specifically a personal bond of KES 75,000 plus two sureties of like sum.
Court Disposition
Application for release on bond allowed with conditions.
Orders
- The minor is to be released on his own personal bond of KES 75,000 plus two sureties of like sum.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS HIGH COURT CRIMINAL CASE 54 OF 2004
REPUBLIC ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR VERSUS LKM (a Minor) ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ACCUSED
R U L I N G
Mr Kakonzi counsel for the subject minor applies that the subject be released on bond pending the hearing of this case under the provisions of Rule 12 (3) of the 5th schedule to the Children’s Act. He contends that under the Children’s Act there is requirement for recognizance or surety.
The learned state counsel did not oppose the application for release of the minor on bond save that the court do consider ordering that he be released on conditions to ensure attendance.
The minor faces a very serious charge of murder which is not normally bailable for the adult offenders.
The minor is said to have been held since 8/12/03. He only appeared before this court on 27/5/04 about 6 months after arrest. It is now a year since this incarceration. Rule 12 (3) of the Children’s Act provides that remand period for a child charged with a serious offence shall be 6 months. In the present case I believe the period of remand should commence from the date the minor appeared before this court which is on 27/5/04. It is now 6 months since the court remanded him. It is only fair that he be released on bond.
Unlike Mr Kakonzi’s submissions that no recognizance is required is under this Act, that is not the position. Rule 9 provides that the court will release the child on such terms the court may deem appropriate.
It is, therefore, in the discretion of this court impose terms or not, depending on the circumstances of each case. In the present case, this being a murder charge, the court has to ensure the child’s court attendance by ordering that he may be released on his own personal bond of 75,000/= plus 2 sureties of like sum.
Dated at Machakos this 20th day of December 2004
R.V. WENDOH
JUDGE