[2016] KEHC 7055 (KLR)
The court declined to review the bond terms because the accused failed to demonstrate any change in circumstances since the original bond was set by the Nyeri High Court. The judge noted that the previous court had the benefit of a pre-bail report and that the accused did not provide new evidence or reasons to...
Source-derived case information.
- Citation
- [2016] KEHC 7055 (KLR)
- Parties
- Applicant: Republic; Defendant: Lukusi Lesingiran
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 11 of 2015
- Procedural Posture
- Criminal Trial / Ruling on Application for Review of Bond Terms
- Outcome
- application for review of bond terms dismissed; case to proceed to hearing
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Bond Terms Review, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Lukusi Lesingiran
Defendant
Procedural Posture
Criminal Trial / Ruling on Application for Review of Bond Terms
Legal Issues
- 1 Whether the accused has demonstrated sufficient change in circumstances to warrant a review of the bond terms previously set by the court.
Ratio Decidendi
The court declined to review the bond terms because the accused failed to demonstrate any change in circumstances since the original bond was set by the Nyeri High Court. The judge noted that the previous court had the benefit of a pre-bail report and that the accused did not provide new evidence or reasons to justify a review. The seriousness of the murder charge and the manageable workload of the new High Court were also considered. As such, the application for review was dismissed and the case was ordered to proceed to hearing.
Court Disposition
application for review of bond terms dismissed; case to proceed to hearing
Orders
- Application for review of bond terms is declined.
- Case to proceed for hearing on the scheduled date.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
HCCR. NO. 11 OF 2015
REPUBLIC…………………STATE COUNSEL
VERSUS
LUKUSI LESINGIRAN……ACCUSED
RULING
The accused LUKUSI LESINGIRAN is facing a murder charge. His case file was previously before Nyeri High Court and on Nanyuki High Court being inaugurated as the first High court in Laikipia County, the court file was transferred to Nanyuki High Court for hearing and determination.
The accused, when his matter was before Nyeri High, applied for bail pending trial. That court by its Ruling delivered on 27th June, 2014 granted bond on the following terms:
Bond of Kshs. 500,000/= with three sureties of similar amount
During the period of his trial the accused person to attend mention before the Deputy Registrar of this court once after every 30 days at a date to be set by the same Deputy Registrar .
The accused person shall not leave the jurisdiction of this court without obtaining written consent of the Deputy Registrar of this court.
It seems the accused was unable to meet those bond terms because he is still in custody.
When the matter came up before me for purpose of fixing a hearing date the case was fixed for hearing today. Appellant nonetheless sought review of the bond terms.
The Learned Judge who set the above bond terms had the benefit of a pre-bail report from the probation officer and in seeking review of the bail terms accused failed to state what circumstances have changed to warrant review.
The above being so and because the work of this new High Court is still manageable and hearing dates available and because accused is facing a serious charge of murder I decline to review the bond terms.
The case will today proceed for hearing.
Dated and Delivered at Nanyuki this 9TH February, 2016
MARY KASANGO
JUDGE
CORAM
Before Justice Mary Kasango
Court Assistant Kiruja
Mr. Tanui for the state
Mr.Chweya for the accused
Court
Ruling delivered in open court
MARY KASANGO
JUDGE