[2020] KEHC 4591 (KLR)
The court found that the bail terms imposed were modest and reasonable given the gravity of the offence (murder) with which the accused was charged. The accused was not required to pay any cash bail, only to provide a surety in the sum of Kshs.300,000/00. The accused did not demonstrate that he was unable to obtain...
Source-derived case information.
- Citation
- [2020] KEHC 4591 (KLR)
- Parties
- Respondent: Republic; Applicant: Partoip Keiser
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2019
- Procedural Posture
- Criminal Application / Ruling on Application for Review of Bail Terms
- Outcome
- application dismissed
- Judges
- DW Mbuteti
- Legal Topics
- Bail Review, Murder Charge, Bond Terms, Surety Requirements
- Source Language
- english
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
Partoip Keiser
Applicant
Procedural Posture
Criminal Application / Ruling on Application for Review of Bail Terms
Legal Issues
- 1 Whether the bail terms imposed on the accused should be reviewed on the ground that the bond granted exceeds the applicant's earnings.
- 2 Whether the absence of a cash bail and the requirement of a surety in the sum of Kshs.300,000/00 is excessive or unjust in the circumstances of a murder charge.
Ratio Decidendi
The court found that the bail terms imposed were modest and reasonable given the gravity of the offence (murder) with which the accused was charged. The accused was not required to pay any cash bail, only to provide a surety in the sum of Kshs.300,000/00. The accused did not demonstrate that he was unable to obtain a surety, nor did he provide sufficient grounds to justify a variation of the bail terms. The court emphasized that the seriousness of the charge warranted the conditions imposed, and there was no evidence of hardship beyond the applicant's assertion regarding his earnings. Accordingly, the application for review of bail terms lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for review of bail terms is dismissed.
- The bail terms imposed by the ruling dated 24th and delivered on 25th April 2019 remain in force.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL NO.3 OF 2019
REPUBLIC................................................................PROSECUTOR
VERSUS
PARTOIP KEISER............................................................ACCUSED
R U L I N G
The application seeks a review of the terms of bail imposed when the accused herein was admitted to bail by a ruling dated 24th and delivered on 25th April 2019.
Those terms were that he would be released upon his own cognizance in the sum of Kshs.300,000/00 plus one surety in like him.
The accused seeks review of those terms upon the ground that “the bond granted was more than the applicant’s earnings”.
The accused is charged with murder contrary to Section 203 and 204 of the Penal Code, an offence that carries a maximum sentence of death. The bail term imposed do not require him to pay any cash bail. The only requirement is that he should have one surety in the sum of Kshs.300,000/00. He has not stated that he is unable to get a surety; but even if that were the position, it would be a reason to pose the question why nobody is willing to stand surety for him.
Given the grave nature of the offence that the accused stands charged with, I find no reason at all to vary the family modest terms of bail imposed upon the accused.
The application by notice of motion filed on 28/05/2020 has no merit and is hereby dismissed. It is so ordered.
H.P.G. WAWERU
JUDGE
25/06/2020