[2015] KEHC 16 (KLR)
The court found that the constitutional requirement for reasonable bond conditions means that terms must be affordable to the accused. If the accused cannot meet the bond terms due to financial incapacity, the conditions are not reasonable as envisaged by Article 49(1)(h) of the Constitution. The court is therefore...
Source-derived case information.
- Citation
- [2015] KEHC 16 (KLR)
- Parties
- Respondent: Republic; Applicant: Rose Kerubo Ondieki
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 51 of 2012
- Procedural Posture
- Criminal Case / Ruling on Oral Application for Review of Bond Terms
- Outcome
- application for review of bond terms allowed
- Legal Topics
- Bail and Bond, Reasonable Conditions, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Rose Kerubo Ondieki
Applicant
Procedural Posture
Criminal Case / Ruling on Oral Application for Review of Bond Terms
Legal Issues
- 1 Whether the bond terms imposed on the accused were reasonable and affordable as required by Article 49(1)(h) of the Constitution.
- 2 Whether the court should revise the bond terms to accommodate the accused's financial circumstances.
Ratio Decidendi
The court found that the constitutional requirement for reasonable bond conditions means that terms must be affordable to the accused. If the accused cannot meet the bond terms due to financial incapacity, the conditions are not reasonable as envisaged by Article 49(1)(h) of the Constitution. The court is therefore obligated to revise the bond terms to a level that is affordable to the accused, ensuring the right to reasonable bail is upheld. The test of reasonableness is subjective and varies from applicant to applicant, depending on their circumstances.
Court Disposition
application for review of bond terms allowed
Orders
- The personal bond is revised to Kshs.300,000 with one surety of similar amount.
- The accused shall appear in court every 30 days until the case is heard and determined or until further orders.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAMIRA
CRIMINAL CASE NO.51 OF 2012
REPUBLIC...............................................PROSECUTOR
VERSUS
ROSE KERUBO ONDIEKI..............................ACCUSED
RULING
1. This is an oral application to review the terms of bond. On 21st March, 2013, the accused herein was released on Personal Bond of Kshs.500,000/ with two sureties of similar amount.
2. It is submitted that the accused comes from a poor family. That family can only raise one surety, not two.
3. Yet by 22nd September 2015, the accused is still unable to raise the bond terms.
4. I have reconsidered the application for review of the bond terms to a level of affordability by the accused person. Article 49(1) (h) says:
"An arrested person has right to be released on bond or bail on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released"
This is construed to mean that when the terms of bond are unaffordable to the accused person, the "conditions" envisaged by the constitution are not reasonable. It is therefore incumbent upon the court to revise these conditions to affordable level, thus making it reasonable to the accused person.
The test of what terms are reasonable varies from applicant to applicant.
Here below are the revised terms:
i. The personal bond of Kshs.300,000/= with one surety of similar amount
ii. The accused to appear in Court every 30 days until the case is heard and determined or until there are further orders of this case.
iii. In default of appearance without and just cause ,the bond shall be cancelled and the surety called to account.
iv. The next such mention will be on 5th November, 2015.
Orders accordingly
Dated and delivered at Nyamira this 5th day of October, 2015
C. B.NAGILLAH
JUDGE
In the presence of
Anyona (absent) for the applicant
Malesifor the state / for the respondent
Mr. Omayio - Court Clerk