[2015] KEHC 3348 (KLR)
The court found that the bond terms previously set were unaffordable for the accused and therefore unreasonable. Article 49 (1) (h) of the Constitution requires that conditions for bail or bond be reasonable. The court exercised its discretion to revise the bond terms downward to ensure the accused's right to...
Source-derived case information.
- Citation
- [2015] KEHC 3348 (KLR)
- Parties
- Respondent: Republic; Accused: Wycliffe Wafula Namaswa
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 93 of 2011
- Procedural Posture
- Criminal Case / Application to Vary Bond Terms
- Outcome
- application to vary bond terms allowed
- Judges
- CB Nagillah
- Legal Topics
- Bail Conditions, Bond Variation, Reasonable Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Wycliffe Wafula Namaswa
Accused
Procedural Posture
Criminal Case / Application to Vary Bond Terms
Legal Issues
- 1 Whether the bond terms previously set were reasonable and affordable for the accused.
- 2 Whether the court should revise the bond terms to ensure compliance with Article 49 (1) (h) of the Constitution.
Ratio Decidendi
The court found that the bond terms previously set were unaffordable for the accused and therefore unreasonable. Article 49 (1) (h) of the Constitution requires that conditions for bail or bond be reasonable. The court exercised its discretion to revise the bond terms downward to ensure the accused's right to reasonable bail conditions is upheld, while maintaining sufficient assurance of the accused's attendance in court. The revised terms were set at Ksh.300,000 with one surety of similar amount or cash bail of Ksh.100,000, with all other conditions remaining unchanged.
Court Disposition
application to vary bond terms allowed
Orders
- Bond terms revised to Ksh.300,000 with one surety of similar amount or cash bail of Ksh.100,000.
- All other previous bond conditions remain unchanged.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.93 OF 2011
REPUBLIC
VERSUS
WYCLIFFE WAFULA NAMASWA - ACCUSED
RULING
On 23rd June 2015 Mr. Kaburi made an application to vary the terms of the bond.
On the 23rd July 2014 Hon. Justice R. N. Sitati delivered a ruling on the following terms:-
Accused be released on his own personal bond of Ksh.500,000/= with two sureties of similar amount or cash bail of Ksh.200,000/= with one surety for Ksh.500,000/=.
The sureties to be approved by the Deputy Registrar of this honourable court.
Once released on bond the accused is required to attend court once every 30 days until the case is heard and determined or until further orders of the court, in default bond shall be cancelled immediately and sureties held to account.
Mention before the Deputy Registrar on 22nd August 2014.
However, the accused found these terms unaffordable, hence an application to reduce the terms to affordable level.
Article 49 (I) (h) envisages reasonable conditions. The accused person be accorded when he seeks bond. Therefore, stiff terms are deemed to be unreasonable conditions.
Accordingly, this court, revising these terms, will be as follows:
Ksh.300,000/= with one surety of similar amount. Or
Cash bail of Ksh.100,000/=.
The other terms remain the same. The first mention to be on 31st August 2015.
It is so ordered.
Dated, signed and delivered in open court this 31st day of July, 2015
HON. C. B. NAGILLAH
JUDGE
In the presence of:
M/S Sapele for the State
M/S Moseti holding brief for Kaburi for Accused
Samuel Omuga: court clerk