[2015] KEHC 2170 (KLR)
The court found that most civilian witnesses had already testified and the remaining witnesses were mainly police officers and a doctor, reducing the risk of interference by the accused. The accused, though initially hesitant, had since cooperated and allowed the case to proceed smoothly. The court determined that...
Source-derived case information.
- Citation
- [2015] KEHC 2170 (KLR)
- Parties
- Respondent: Republic; Applicant: Salim Mohamed
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2015
- Procedural Posture
- Criminal Application / Bond Review Ruling
- Outcome
- Bond terms reviewed and reduced.
- Judges
- SJ Chitembwe
- Legal Topics
- Bond Review, Bail Conditions, Pretrial Release, Compelling Reasons, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Salim Mohamed
Applicant
Procedural Posture
Criminal Application / Bond Review Ruling
Legal Issues
- 1 Whether the bond terms previously set should be reviewed in light of changed circumstances.
- 2 Whether the accused has demonstrated new circumstances warranting a review of bond terms.
- 3 Whether the accused poses a risk of interfering with witnesses or absconding.
Ratio Decidendi
The court found that most civilian witnesses had already testified and the remaining witnesses were mainly police officers and a doctor, reducing the risk of interference by the accused. The accused, though initially hesitant, had since cooperated and allowed the case to proceed smoothly. The court determined that the circumstances had changed sufficiently to warrant a review of the bond terms. The initial bond terms were set aside and replaced with more lenient terms, allowing the accused to secure release on a lower bond with one surety.
Court Disposition
Bond terms reviewed and reduced.
Orders
- The initial bond terms are set aside.
- The accused is granted bond of KES 500,000 with one surety of similar amount.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MALINDI
HCR. NO.4 OF 2015
REPUBLIC……………………………..……..PROSECUTION
VRS
SALIM MOHAMED…………...……………………ACCUSED
RULING
This court delivered its ruling on 26/3/2015 and released the accused on bond. The accused seeks to have the bond terms reviewed as he has remained in custody from the time he was charged. Mr. Mouko, counsel for the accused submitted that the initial bond terms were given when the court did not know the circumstances of the case. Several witnesses have now testified. The accused was affected by the charges and he initially applied for the case to be adjourned. He is now recovering and the case has proceeded. The accused has been co-operative with the court.
Mr. Fedha, prosecution counsel, opposed the application. Counsel submitted that the evidence so far adduced is credible. The accused has not been co-operative and has caused the case to be adjourned. The applicant has not demonstrated any new circumstances. The accused should not be treated with any favours or specialty. Counsel would like the bond terms to be enhanced.
The underlying objective of bond is to secure the attendance of the accused during the mention or hearing of the case. Article 49 (h) of the Constitution entitled the accused to be released on reasonable conditions unless there are compelling reasons hindering his release. The existing bond terms are a personal bond of Two Million Kenya Shillings and two sureties of Five Million Kenya Shillings each. The accused is to deposit his passport and to report twice each month at the Malindi Police Station. Further, the case was to be mentioned once every month to confirm the presence of the accused.
The information listed seven witnesses and others to be called. So far eleven witnesses have testified. I do agree with the sentiments of the accused's counsel that initially the court was not aware of the circumstances of the case. The record shows that most of the civilian witnesses have so far testified. Mr. Fedha informed the court on 16/9/2015 that the main remaining witnesses are police officers. They include a firearm examiner who is currently at the C.I.D Institute, P. C Scolia and Corporal John Wambua. There is also Doctor J. K. Mulunga and chief Inspector Mwandewiro. I do not think that the accused can interfere with attendance of the remaining witnesses.
Although the accused was initially hesitant to have the matter proceed, it appears that he had now composed himself and allowed the case to proceed smoothly without any complaint. I do find that the circumstances of the case now calls for a review of the bond terms. I do proceed and review the bond terms. The initial bond terms are hereby set aside and replaced with a bond of Kenya shillings Five Hundred Thousand (Ksh.500,000/-) with one surety of similar amount. The accused can secure his release on the above bond terms.
Dated, delivered and signed at Malindi this 14th day of October, 2015.
SAID J. CHITEMBWE
JUDGE