[2017] KEHC 6625 (KLR)
The court found that the accused had been unable to meet the original bail/bond terms for over two years, indicating that the terms were excessive relative to her means. The court was satisfied that the accused was not a flight risk, given her family ties and responsibilities, and there was no evidence she would...
Source-derived case information.
- Citation
- [2017] KEHC 6625 (KLR)
- Parties
- Respondent: Republic; Appellant: Nimo Ibrahim Mohamud
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 14 of 2015
- Procedural Posture
- Criminal Appeal / Ruling on Review of Bail/bond Terms
- Outcome
- bail/bond terms reviewed and reduced
- Judges
- GMA Dulu
- Legal Topics
- Bail Review, Bond Conditions, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Nimo Ibrahim Mohamud
Appellant
Procedural Posture
Criminal Appeal / Ruling on Review of Bail/bond Terms
Legal Issues
- 1 Whether the bail/bond terms previously set were excessive and warranted revision in light of the accused's inability to meet them.
- 2 Whether the accused posed a flight risk or was likely to interfere with prosecution witnesses if released on revised bail/bond terms.
Ratio Decidendi
The court found that the accused had been unable to meet the original bail/bond terms for over two years, indicating that the terms were excessive relative to her means. The court was satisfied that the accused was not a flight risk, given her family ties and responsibilities, and there was no evidence she would interfere with witnesses. Applying the Judiciary Bail/Bond Guidelines and constitutional principles, the court exercised its discretion to revise the bail/bond terms to ensure they were reasonable and attainable, while still securing the accused's attendance at trial and protecting the integrity of the proceedings.
Court Disposition
bail/bond terms reviewed and reduced
Orders
- The accused will be released on signing her own bond of Kshs. 80,000 with one surety of similar amount or paying a cash bail of Kshs. 50,000.
- The accused shall attend court mentions and the hearing of the case.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA CRIMINAL APPEAL NO. 14 OF 2015
REPUBLIC……………………………………..RESPONDENT
VERSUS
NIMO IBRAHIM MOHAMUD…………………….ACCUSED
RULING
In these proceedings against the accused person of murder, on 9th December 2015 the court granted bail to the accused on certain terms.
It is now March, 2017 and the trial is still in progress and the accused is still in custody. Her counsel Mr. Onono yesterday 22/03/2017 informed the court that the accused was not able to meet the bond/bail terms of Kshs.800,000 bond with one surety of similar amount, or cash bail of Kshs.60,000 counsel urgent the court to raise the bond/bail terms in favour of the accused. Counsel urged that the terms be revised to about Kshs.100,000.
The prosecuting counsel Mr. Okemwa stated that the court, under the Judiciary Published Bail/ Bond Guidelines has powers to review the bail/bond terms granted herein.
I have considered the request of the degree on review of the bail bond conditions herein.
The case has been ongoing from 2015. It is still in the redeem of the prosecution case two (2) years down the line. It is obvious that the accused has not been able to meet the terms of bond/bail set by the court. She does not appear to be a flight risk, as I am informed by her counsel that her brother is a Kenya Wildlife Officer, and that the accused has children to take care of at Ijara-Masalani.
I am persuaded to review the bond bail terms. I thus review this court’s earlier ruling and order as follows.
1. The accused will be released on signing her own bond of Kshs. 80,000 with one surety of similar amount or paying a cash bail of Kshs. 50,000.
2. She will attend court mentions and the hearing of the case.
3. She will not interfere with prosecution witnesses.
Dated and delivered at Garissa this 23rd March 2017.
GEORGE DULU
JUDGE