[2021] KEHC 2120 (KLR)
The court found that the accused's inability to meet the original bond terms justified a review, especially in light of the constitutional right to bail. The court recognized that while the right to liberty is fundamental, it must be balanced with the interests of justice. Since there was no objection from the...
Source-derived case information.
- Citation
- [2021] KEHC 2120 (KLR)
- Parties
- Applicant: Republic; Defendant: Newton Waka
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E015 of 2021
- Procedural Posture
- Criminal Case / Bond Review Application
- Outcome
- application for review of bond terms allowed
- Judges
- MM Kasango
- Legal Topics
- Bail and Bond, Right to Liberty, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Newton Waka
Defendant
Procedural Posture
Criminal Case / Bond Review Application
Legal Issues
- 1 Whether the accused is entitled to a revision of the bond terms previously set by the court.
- 2 Whether the right to bail under Article 49(1)(h) of the Constitution should be balanced against the interests of justice in this case.
Ratio Decidendi
The court found that the accused's inability to meet the original bond terms justified a review, especially in light of the constitutional right to bail. The court recognized that while the right to liberty is fundamental, it must be balanced with the interests of justice. Since there was no objection from the prosecution and no evidence that the accused posed a flight risk or would interfere with the trial, the court exercised its discretion to revise the bond terms to an amount the accused could meet, thereby upholding the right to liberty while ensuring the accused's attendance at trial.
Court Disposition
application for review of bond terms allowed
Orders
- Newton Waka shall be released on his own bond of Kshs.300,000 and one surety of similar amount.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E015 OF 2021
BETWEEN
REPUBLIC....................................................................................PROSECUTOR
VERSUS
NEWTON WAKA................................................................................. ACCUSED
RULING
1. NEWTON WAKA is charged with the offence of murder to which he pleaded not guilty. On 3rd June, 2021 he was granted bond of Kshs.500,000/= with one surety of similar amount. He has failed to meet the terms of his release on bond and has applied for review of the same. His learned counsel stated he would be in a position to raise bond of Kshs.300,000/=.
2. The constitutional provision under Article 49(1)(h) giving right to bail is a recognition of the importance of individual right to liberty. That right was discussed in the case REPUBLIC VS. DIANA SULEIMAN SAID & ANOTHER (2014) eKLR as follows:-
“14The Supreme Court of India in the Deokar case cited its previous decision inMASROOR V. STATE OF UTTAH PRADESH AND ANOR. 2009) (14) SCC 286as follows:
‘There is no denying the fact that the liberty of an individual is precious and is to be zealously protected by the courts. Nonetheless, such a protection cannot be absolute in every situation. The valuable right of liberty of an individual and the interest of the society in general has to be balanced. Liberty of a person accused of an offence would depend upon the exigencies of the case. It is possible that in a given situation, the collective interest of the community may outweigh the right of personal liberty of the individual concerned.’”
3. Bearing that the constitutional right, I shall accede to accused prayer for revision of bond terms.
4. I grant the following order:-
THAT Newton Waka shall be released on his own bond of Kshs.300,000/= and one surety of the similar amount.
RULING DATED AND DELIVERED AT KIAMBU THIS 18TH DAY OF NOVEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Maurice
For DPP :- Mr. Kasyoka
For Accused :- Present
Accused NEWTON WAKA:
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE