[2013] KEHC 1520 (KLR)
The court found that the accused had been unable to meet the cash bail terms for over a year, indicating that the terms were unattainable for him. The court held that it would be contrary to the intention of granting bail if the terms effectively denied the accused his liberty. Exercising its discretion, the court...
Source-derived case information.
- Citation
- [2013] KEHC 1520 (KLR)
- Parties
- Respondent: Republic; Applicant: Rolex Waita Mukunzu
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 37 of 2011
- Procedural Posture
- Criminal Case / Ruling on Application to Vary Bail Terms
- Outcome
- application allowed; bail terms varied
- Judges
- BT Jaden
- Legal Topics
- Bail Variation, Bond Terms, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Rolex Waita Mukunzu
Applicant
Procedural Posture
Criminal Case / Ruling on Application to Vary Bail Terms
Legal Issues
- 1 Whether the bail terms previously set by the court should be varied due to the accused's inability to raise the cash bail.
- 2 Whether the accused is entitled to alternative bail terms under the circumstances.
Ratio Decidendi
The court found that the accused had been unable to meet the cash bail terms for over a year, indicating that the terms were unattainable for him. The court held that it would be contrary to the intention of granting bail if the terms effectively denied the accused his liberty. Exercising its discretion, the court determined that the bail terms should be varied to allow the accused to be released on a personal bond of Kshs.1 Million with one surety of a similar amount, as an alternative to the cash bail previously ordered.
Court Disposition
application allowed; bail terms varied
Orders
- The accused may be released on a personal bond of Kshs.1 Million with one surety of a similar amount as an alternative to the cash bail.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 37 OF 2011
REPUBLIC
VERSUS
ROLEX WAITA MUKUNZU ………………..… ACCUSED/APPLICANT
R U L I N G
On 18/6/2012, Hon. Justice George Dulu made orders for the release of the accused upon payment of a cash bail of Kshs.1 Million with one surety of a similar amount.
The application dated 11/6/2013 seeks orders that the said terms be varied and that the accused be released on bond. According to the affidavit in support, the Applicant is unable to raise the cash bail.
The application was opposed by the State on grounds that the said terms are reasonable.
I have noted that the orders for release on cash bail were made more than one year ago. This demonstrates the inability of the accused to meet the said terms. I am of the view that the court did not intend on one hand to grant bail to the accused and take it away by the other hand. I am therefore persuaded to exercise this court’s discretion and vary the terms of bail.
As an alternative to the orders for payment of cash bail, the accused may be released on a personal bond of Kshs.1 Million with one surety of a similar amount.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 24thday of September2013.
………………………………………
B. THURANIRA JADEN
JUDGE