[2016] KEHC 335 (KLR)
The court found that the accused's inability to meet the original bail terms was supported by the Social Inquiry Report, which confirmed her family's limited financial means. The court emphasized that the primary consideration in setting bail is to secure the accused's attendance at trial and to prevent interference...
Source-derived case information.
- Citation
- [2016] KEHC 335 (KLR)
- Parties
- Applicant: Republic; Defendant: Susan Moraa Oketch
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 92 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bail Variation Application
- Outcome
- Bail terms varied and reduced.
- Legal Topics
- Bail Conditions, Murder Charge, Bail Variation, Social Inquiry Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Susan Moraa Oketch
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Variation Application
Legal Issues
- 1 Whether the bail terms previously set for the accused should be reviewed, varied, or set aside due to her inability to meet them.
- 2 Whether the accused's social and economic circumstances justify a reduction in bail terms.
- 3 Whether the accused is likely to attend court and not interfere with witnesses if released on varied bail terms.
Ratio Decidendi
The court found that the accused's inability to meet the original bail terms was supported by the Social Inquiry Report, which confirmed her family's limited financial means. The court emphasized that the primary consideration in setting bail is to secure the accused's attendance at trial and to prevent interference with witnesses or the course of justice. The court was satisfied that the accused understood the seriousness of the charge and the need to comply with all conditions. Consequently, the court exercised its discretion to vary the bail terms to amounts that were more commensurate with the accused's circumstances, while still ensuring the interests of justice were protected.
Court Disposition
Bail terms varied and reduced.
Orders
- The accused shall be released on a bond of Kshs 500,000 with two sureties of similar amount.
- In the alternative, the accused shall be released upon payment of cash bail of Kshs 150,000.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 92 OF 2015
REPUBLIC...................................................PROSECUTOR
VERSUS
SUSAN MORAA OKETCH..................................ACCUSED
RULING
The accused faces a charge of murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that she murdered Job Oketch Oino on 17th September 2015 at about 8. 00am at Kiambiu Slums in Kamukunji Sub-County within Nairobi County. She had applied for bond and her application had been allowed. Bond was set at Kshs 1,000,000 with one surety of similar amount or in the alternative cash bail of Kshs 500,000. She was not able to meet those terms and conditions of bail and has approached the court again asking it to review, vary or set aside these terms and conditions of bail. Her main ground in support of this application is that neither she nor her relatives are able to raise the amount of bail. She deposes in her affidavit in support of the application that her relatives are only able to raise Kshs 400,000 or cash bail of Kshs 100,000.
This court called for a Social Inquiry Report to inform itself of the social and economic circumstances of the accused. The Report has been filed and I have read it. It shows that the accused comes from humble background and that her family is not able to raise the amount set in the terms of bail.
The paramount consideration in admitting the accused to bail is to ensure she will attend court whenever she is required to do so until the case is fully determined. It is expected that upon release, an accused person will not interfere with the witnesses or do anything that may amount to subversion of justice. This court is of the view that the accused understands the seriousness of the offence she is facing and she is aware that until this court hears all the evidence and determines whether she committed this offence or not, care must be taken to ensure that the witnesses and the evidence are not interfered with in any manner.
I have considered my earlier ruling on bail and I hereby wish to vary the terms of bail, which I hereby do, and order that the accused shall be released on a bond of Kshs 500,000 with two sureties of similar amount. In the alternative she shall be released from custody upon payment of cash bail of Kshs 150,000. She shall attend all court sessions until this court is heard and determined and shall desist from doing anything that may interfere with the just conclusion of this case. It is so ordered.
Dated, signed and delivered this 21st December 2016.
S. N. Mutuku
Judge