[2021] KEHC 5321 (KLR)
The court held that while the applicant had not demonstrated a change in personal circumstances since the initial bail ruling, the ongoing Covid-19 pandemic presented a new and compelling consideration. The need to decongest prisons and remand homes to minimize the risk of infection constituted a sufficient ground...
Source-derived case information.
- Citation
- [2021] KEHC 5321 (KLR)
- Parties
- Respondent: Republic; Applicant: Mohamed Adel Mboya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 89 of 2019
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Bond Terms
- Outcome
- application for review of bond terms allowed
- Judges
- DO Ogembo
- Legal Topics
- Bail Review, Bond Terms, Covid19 Implications, Right to Bail
- 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
Mohamed Adel Mboya
Applicant
Procedural Posture
Criminal Case / Ruling on Application for Review of Bond Terms
Legal Issues
- 1 Whether the applicant has demonstrated sufficient grounds for review of the bond terms previously set by the court.
- 2 Whether the impact of the Covid-19 pandemic constitutes a change in circumstances warranting revision of bail terms.
Ratio Decidendi
The court held that while the applicant had not demonstrated a change in personal circumstances since the initial bail ruling, the ongoing Covid-19 pandemic presented a new and compelling consideration. The need to decongest prisons and remand homes to minimize the risk of infection constituted a sufficient ground to review the bond terms. Consequently, the court revised the bond terms to Kshs.500,000 with one surety of a similar amount, or alternatively, a cash bail of Kshs.200,000, while all other terms remained unchanged.
Court Disposition
application for review of bond terms allowed
Orders
- The applicant may be released on a revised bond of Kshs.500,000 with one surety of a similar amount.
- Alternatively, the applicant may be released on a deposit of cash bail of Kshs.200,000.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 89 OF 2019
REPUBLIC...........................................................DPP
VERSUS
MOHAMED ADEL MBOYA.....................ACCUSED
RULING
The applicant MOHAMED ADEL MBOYA,has now filed an application herein dated 13. 4.2021. The same seeks that this court do review the terms of bond as set in the orders of this court on 12. 3.2021. The application is grounded and supported by the affidavit of the applicant attached to the application. The applicant has deponed therein that he has been unable to meet the terms of bail set. That he has been dependent on his sister in law whose business has dwindled during this period of the Covid-19 pandemic.
The prosecution has opposed this application on the basis that the applicant has not shown any sufficient ground as to justify any revision of the terms set of bail.
I have considered the submissions of both the applicant and defence sides. This court already determined the applicant’s application for bail. In the said ruling, the court dismissed the objections of the prosecution and granted the applicant bail on terms. He was to be released upon posting a bond of Kshs.1 million with 1 surety of a similar amount. The main ground raised in this revision application is that the applicant has been unable to meet the terms as set.
Article 49(1)(h) of the constitution guarantees an accused person the right to be released on bail on reasonable terms. In my view, what would constitute reasonable terms would depend on the circumstances of each case. What would readily come to mind could include the nature of the charge, the age of the accused, severity of possible punishment, accused’s own past records of either jumping bail or whether he has any past criminal records. This is only to mention but a few.
There is no doubt that the applicant faces a serious charge which attracts a severe sentence. In the earlier ruling, the court considered all these circumstances before setting the terms of bail. The applicant has not shown any change of circumstances in his case.
The only new consideration that this court can consider is the ravaging Covid-19 pandemic which has brought up the need to decongest the prisons and remand homes to minimize chances of infection and spread of the virus in the institutions. It is on this basis that I allow the applicant’s application for review.
I accordingly order now that the applicant may be released on a (revised) bond of Kshs.500,000/= with 1 surety of a similar amount. He may in the alternative be released on a deposit of cash bail of Kshs.200,000/=. The other terms of bond as ordered on 12. 3.2021 would remain the same. Orders accordingly.
D. O. OGEMBO
JUDGE
13. 7.2021.
Court:
Ruling read out in open court (on line) in the presence of Mr. Naulikha for the state and Mr. Gichuki for the accused, and the applicant (Nairobi Remand).
D. O. OGEMBO
JUDGE
13. 7.2021.
Court:
A hearing date to be fixed. Hearing 28. 9.2021.
D. O. OGEMBO
JUDGE
13. 7.2021.