[2021] KEHC 725 (KLR)
The court found that the bond terms set on 22nd May, 2018—Kshs.500,000 with one surety of similar amount—were reasonable and appropriate to ensure the accused's attendance at trial. The applicant's inability to meet the bond terms and his continued remand did not, in the court's view, constitute sufficient grounds...
Source-derived case information.
- Citation
- [2021] KEHC 725 (KLR)
- Parties
- Respondent: Republic; Applicant: Philip Macharia Njenga
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2018
- Procedural Posture
- Criminal Case / Ruling on Application to Review Bond Terms
- Outcome
- application for review of bond terms declined
- Judges
- MM Kasango
- Legal Topics
- Bail and Bond, Judicial Discretion, Pretrial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Philip Macharia Njenga
Applicant
Procedural Posture
Criminal Case / Ruling on Application to Review Bond Terms
Legal Issues
- 1 Whether the bond terms granted to the accused should be reviewed and reduced.
- 2 Whether the accused's continued remand since 2018 justifies a revision of bond terms.
Ratio Decidendi
The court found that the bond terms set on 22nd May, 2018—Kshs.500,000 with one surety of similar amount—were reasonable and appropriate to ensure the accused's attendance at trial. The applicant's inability to meet the bond terms and his continued remand did not, in the court's view, constitute sufficient grounds to warrant a review or reduction of the bond terms. The court considered the pre-bail report and all circumstances but concluded that the original terms struck the necessary balance between the accused's rights and the interests of justice. Consequently, the application for review of bond terms was declined.
Court Disposition
application for review of bond terms declined
Orders
- The application dated 18th November, 2020 for review of bond terms is declined.
- A further hearing date for the prosecution’s case to be fixed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 20 OF 2018
BETWEEN
REPUBLIC......................................................PROSECUTOR
VERSUS
PHILIP MACHARIA NJENGA............................ACCUSED
RULING
1. PHILIP MACHARIA NJANGE is charged with the offence of murder. He was on 22nd May, 201 granted bond of Kshs.500,000/= with one surety of similar amount. He has by his notice of motion application dated 18th November, 2020 moved this Court to review those bond terms. He deponed that he has been unable to meet those bond terms. He therefore seeks this Court to exercise its discretion in his favour considering he has been in remand since 2018.
2. I have considered the application and I have also considered the pre-bail report dated 22nd May, 2018. Bearing all that in mind, I find no merit in the application for review of bond terms. The terms given on 22nd May, 2018 are reasonable and will ensure the accused do attend court when required.
CONCLUSION
3. The application dated 18th November, in view of the above discussion is declined.
4. At the reading of this Ruling, a further hearing date of the prosecution’s case will be fixed.
RULING DATED and DELIVERED at KIAMBU this 1st day of DECEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Maurice
For DPP : Mr. Kasyoka
For Accused :- Mr. Njehu
Accused : PHILIP MACHARIA NJENGA :Present
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE