[2021] KEHC 6101 (KLR)
The court found that the 3rd accused's inability to raise a second surety for over two years was a new material fact not within his knowledge at the time bail was granted. The court held that the prolonged period in custody justified a review of the bond terms, especially since the available surety (the accused's...
Source-derived case information.
- Citation
- [2021] KEHC 6101 (KLR)
- Parties
- Applicant: Republic; Defendant: Robert Kevin Kariuki Muchemi alias Nono
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2019
- Procedural Posture
- Criminal Case / Ruling on Review of Bond Terms
- Outcome
- application for review of bond terms granted
- Judges
- FN Muchemi
- Legal Topics
- Bail Review, Bond Terms, Pretrial Release, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Robert Kevin Kariuki Muchemi alias Nono
Defendant
Procedural Posture
Criminal Case / Ruling on Review of Bond Terms
Legal Issues
- 1 Whether the bond terms for the 3rd accused should be reviewed to allow release on one surety instead of two.
- 2 Whether the inability to raise a second surety for over two years constitutes a new material fact warranting review of bail terms.
Ratio Decidendi
The court found that the 3rd accused's inability to raise a second surety for over two years was a new material fact not within his knowledge at the time bail was granted. The court held that the prolonged period in custody justified a review of the bond terms, especially since the available surety (the accused's mother) was suitable and willing to ensure the accused's attendance at trial. The court emphasized that the primary purpose of bail is to secure the accused's attendance at trial, and that the circumstances warranted a modification of the bond terms to allow release on one surety.
Court Disposition
application for review of bond terms granted
Orders
- The 3rd accused will be released on bond of Kshs.500,000 with one suitable surety.
- All other conditions imposed by the court on 15/03/2019 remain applicable to the 3rd accused.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
CRIMINAL CASE NO.1 OF 2019
REPUBLIC.....................................................................................PROSECUTOR
VERSUS
ROBERT KEVIN KARIUKI MUCHEMI ALIAS NONO.................ACCUSED
RULING
1. This is a ruling on review of bond terms in respect of the 3rd accused. The defence counsel Mr. Muhoho on record for the 1st and 3rd accused made the application orally in court on 13/05/2021 when the ease came for mention through video-link.
2. Mr. Muhoho said that this court presided over by Ngaah J. on 15th March 2019 granted bail to the three accused persons of Kshs.500,000/= with two sureties of alike amount. The case was later withdrawn against the 1st and 2nd accused leaving three accused persons.
3. It was submitted that the 1st and 2nd accused were able to raise two sureties as ordered by the court. As for the 3rd accused he was unable to raise two sureties but he has one who is available with a title deed who is his own mother. Mr. Muhoho asked the court to review the terms of band and allow one surety to sign for the 3rd accused person.
4. The application was opposed by the prosecution through Mr. Ondimu who argued that there are no new material facts that have arisen to warrant review of the terms. He asked the court to reject the application.
5. I have carefully considered this application. At the time the court granted bail, it was assumed that all the accused persons would meet the conditions set out by the court. The 3rd accused has been in custody for the over two years for the reasons that he could not raise the two sureties required herein. The said period cannot be said to be a short time. It is indeed a long time.
6. The fundamental purpose of bail is to ensure the accused attends trial. Even in an application for review, the court must put this issue into consideration. In my view, the accused has one surety who is his own mother and who will upon approval as a surety shoulder the responsibility of ensuring that the accused person attends court when required to do so.
7. Furthermore, the fact that the accused has failed to raise a second surety for over two(2) years is a matter that was not within his knowledge at the time he was granted bail. In my considered view, this is a new matter and in view of the provisions of Article 49(1) of the Constitution, I am convinced that review of the bail terms ought to be considered at this time.
8. I hereby find the application for review merited and grant the same on the following terms:-
a. That the 3rd accused will be released on bond of Kshs.500,000/= with one suitable surety.
b. All the other conditions imposed by the court on 15/03/2019 are applicable to the 3rd accused herein.
9. It is hereby so ordered.
DELIVERED, DATED AND SIGNED AT NYERI THIS 16TH DAY OF JUNE 2021.
F. MUCHEMI
JUDGE
Ruling delivered through video link this 16th day of June 2021