[2021] KEHC 9223 (KLR)
The court found that although the accused has a young child, the child is not in need of care as she is being looked after by her father and is attending school. The court emphasized that the accused is facing a serious charge of murder, which carries a maximum sentence of death, and that the bond terms already...
Source-derived case information.
- Citation
- [2021] KEHC 9223 (KLR)
- Parties
- Applicant: Selaphina Wanjiku Ukabi; Respondent: Director of Public Prosecutions (DPP)
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 52 of 2019
- Procedural Posture
- Criminal Case / Ruling on Application to Revise Bond Terms Pending Trial
- Outcome
- application dismissed
- Judges
- MM Kasango
- Legal Topics
- Bail and Bond, Pretrial Release, Judicial Discretion, Serious Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Selaphina Wanjiku Ukabi
Applicant
Director of Public Prosecutions (DPP)
Respondent
Procedural Posture
Criminal Case / Ruling on Application to Revise Bond Terms Pending Trial
Legal Issues
- 1 Whether the bond terms granted to the accused should be revised due to her inability to meet them and her parental responsibilities.
- 2 Whether the seriousness of the offence justifies the existing bond terms.
Ratio Decidendi
The court found that although the accused has a young child, the child is not in need of care as she is being looked after by her father and is attending school. The court emphasized that the accused is facing a serious charge of murder, which carries a maximum sentence of death, and that the bond terms already granted are lenient in light of the gravity of the offence. Therefore, there was no justification to revise the bond terms as requested by the accused.
Court Disposition
application dismissed
Orders
- The application to revise the bond terms is dismissed.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIAMBU
CRIMINAL CASE NO. 52 OF 2019
REPUBLIC...........................................................DPP
VERSUS
SELAPHINA WANJIKU UKABI..............ACCUSED
R U L I N G
1. Selaphina Wanjiku Ukabi (the accused) who is waiting for her trial on a murder charge to commence was on 1st July 2020 granted by this court bond pending her trial of Ksh 500,000 with one surety of like amount. On 8th February 2021 the accused applied for revision of her bond terms. She stated that she was unable to meet the bond terms and yet she had a six-year-old child who needed her attention.
2. I can confirm that the probation report, in the court file, prepared in March 2020 does show that the accused has a six-year-old daughter MG who attends [particulars withheld] primary school.
3. Whereas the accused may be missing her said child and hence why she most probably seeks revision of her band terms, the fact is that the child is not in need of care because she is with her father, the accused’s husband. Indeed the probation officer stated that the child is attending school.
4. It needs to be borne in mind by the accused that she is facing a very serious charge. The bond terms must reflect the gravity of the offence the accused faces. This was made clear in the case Republic –v- Robert Zippor Nzilu (2018) eKLR where the court considered the gravity of the charge when determining an application for bail as follows:
“10. Gravity of the offence as a consideration was appreciated by Mbogholi Msagha, J in CriminalApplication No. 319 of 2002 Priscilla Jemutai Kolonge vs.Republic (unreported) at page 3, wherein he held as follows:
“However, the nature of the charge or offence and the seriousness of the punishment if the applicant is found guilty must be considered in applications of this nature. I subscribe to the observation that where the charge against the accused is more serious and punishment heavy, there are more probabilities and incentive to abscond, whereas in case of minor offences, there may be no such incentive.”
5. Bearing in mind therefore, that the accused young child is not in need of care, she is well taken care of by her father, and because the accused is facing a serious charge whose maximum sentence is death the terms of her bond are lenient and this court declines revision of the same.
6. The application to revise the bond terms is dismissed.
SIGNED AND DELIVERED VIRTUALLY THIS 11TH DAY OF FEBRUARY 2021.
MARY KASANGO
JUDGE
11th February 2020
Before Justice Mary Kasango
C/A - Kevin
Accused – Selaphina Wanjiku Ukabi - Present
For the Applicant – Miss Njoroge Holding Brief Miss Kinyua
For DPP – Miss Kathambi
COURT
Ruling virtually delivered in their presence.
MARY KASANGO
JUDGE