[2017] KEHC 3448 (KLR)

[2017] KEHC 3448 (KLR)

The court found that although there was no evidence that the original bond amount was excessive or unreasonable, the accused had remained in custody for an extended period due to inability to raise the bond. Given that the accused was previously found not to be a flight risk and that the purpose of bail is to guarantee attendance at trial while allowing liberty, the court was persuaded that a reduction in bond was justified. The bond was therefore reduced to Kshs. 150,000 with one surety of the same amount.

Citation
[2017] KEHC 3448 (KLR)
Parties
Respondent: Republic; Applicant: Thomas Mbaabu M’Muga
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
21 September 2017
Case Number
Criminal Case 38 of 2015
Procedural Posture
Criminal Case / Ruling on Application for Bond Reduction
Outcome
application for bond reduction allowed
Judges
F Gikonyo
Legal Topics
Bail Conditions, Bond Reduction, Right to Bail
Source Language
English
Criminal Law Bail Conditions Bond Reduction Right to Bail

Case Brief

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Parties

Republic

Respondent

Thomas Mbaabu M’Muga

Applicant

Procedural Posture

Criminal Case / Ruling on Application for Bond Reduction

Legal Issues

  1. 1 Whether the bond amount set for the accused is excessive or unreasonable under Article 49(1)(h) of the Constitution.
  2. 2 Whether the accused should be granted a reduction of bond based on his inability to raise the initial amount and the period spent in custody.

Ratio Decidendi

The court found that although there was no evidence that the original bond amount was excessive or unreasonable, the accused had remained in custody for an extended period due to inability to raise the bond. Given that the accused was previously found not to be a flight risk and that the purpose of bail is to guarantee attendance at trial while allowing liberty, the court was persuaded that a reduction in bond was justified. The bond was therefore reduced to Kshs. 150,000 with one surety of the same amount.

Court Disposition

application for bond reduction allowed

Orders

  • The accused shall be released on a bond of Kshs. 150,000 with one surety of the same amount.