[2016] KEHC 55 (KLR)
The court held that the constitutional requirement for reasonable bond conditions means that bond terms must be affordable to the accused. If the accused is unable to meet the set bond terms due to indigency, the conditions are not reasonable as envisaged by Article 49(1)(h) of the Constitution. The court found it...
Source-derived case information.
- Citation
- [2016] KEHC 55 (KLR)
- Parties
- Respondent: Republic; Applicant: Rose Kerubo Ondieki
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2015
- Procedural Posture
- Criminal Case / Application for Review of Bond Terms
- Outcome
- Bond terms reviewed and reduced.
- Judges
- CB Nagillah
- Legal Topics
- Bail and Bond, Reasonable Conditions, Indigency, 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 / Application for Review of Bond Terms
Legal Issues
- 1 Whether the bond terms previously set were reasonable and affordable to the accused person.
- 2 Whether the accused is entitled to further review of bond terms due to indigency.
Ratio Decidendi
The court held that the constitutional requirement for reasonable bond conditions means that bond terms must be affordable to the accused. If the accused is unable to meet the set bond terms due to indigency, the conditions are not reasonable as envisaged by Article 49(1)(h) of the Constitution. The court found it necessary to revise the bond terms further downward to ensure the accused's right to reasonable bail is not rendered illusory by unaffordable conditions. The court also noted that the test of reasonableness varies from applicant to applicant, depending on individual circumstances.
Court Disposition
Bond terms reviewed and reduced.
Orders
- The personal bond is set at Kshs. 100,000 with one surety of similar amount.
- The accused shall appear in court every 3 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
HIGH COURT CRIMINAL CASE NO. 1 OF 2015
REPUBLIC..................................................STATE
-VERSUS-
ROSE KERUBO ONDIEKI..................ACCUSED
RULING
On 16th March, 2016 the accused person applied for review of her bond terms. She pleaded that she be given a free bond.
Her bond terms have earlier been reviewed, twice, from Kshs.500, 000 personal bond with two sureties, to Kshs.300, 000 with one surety. Still because of her indigent status, she has still been unable to raise the bond terms as reviewed downwards.
The court will reconsider the application for further review of the bond terms to yet a lower level for affordability by the accused person.
The court is informed by Article 49(1) (h) which directs that “accused person be released on bond on reasonable conditions, pending a charge or a 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" envisage 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.
However, the test of what terms are reasonable varies from applicant to applicant.
Here below are revised terms:
(i) The personal bond of Kshs. 100,000 with one surety of similar amount.
(ii) The accused to appear in court every 3 days until the case is heard and determined or until there are further orders of this case.
(iii) In default of appearance without a just cause, the bond still be cancelled forthwith and the surety to called to accused.
(iv) The next such mention will be on 9th May 2016.
Orders accordingly
Dated and delivered at Nyamira High Court this 7th day of April, 2016.
C. B. NAGILLAH
JUDGE
In the presence of:
Bwonwong'a hold brief for Nyamwange for accused persons
Konga for the State
Mercy Court clerk