[2001] KEHC 252 (KLR)
The court found that the bond terms imposed by the trial court were difficult for the applicant to meet, effectively denying him the right to bail. The court considered the applicant's inability to secure a surety of KES 500,000 and the absence of objection from the State to a reduction in bond terms. The court held...
Source-derived case information.
- Citation
- [2001] KEHC 252 (KLR)
- Parties
- Applicant: Sammy Wanyoko Kamau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 603 of 2001
- Procedural Posture
- Criminal Application / Application for Variation of Bond Terms Pending Trial
- Outcome
- Application for reduction of bond terms allowed.
- Legal Topics
- Bail and Bond, Robbery With Violence, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sammy Wanyoko Kamau
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Variation of Bond Terms Pending Trial
Legal Issues
- 1 Whether the bond terms imposed by the trial court were excessive and should be reduced to enable the applicant's release pending trial.
- 2 Whether the applicant's medical condition warrants consideration in the reduction of bond terms.
Ratio Decidendi
The court found that the bond terms imposed by the trial court were difficult for the applicant to meet, effectively denying him the right to bail. The court considered the applicant's inability to secure a surety of KES 500,000 and the absence of objection from the State to a reduction in bond terms. The court held that the terms should be made reasonable to balance the interests of justice and the applicant's right to liberty pending trial. Consequently, the court ordered the applicant's release on his personal bond of KES 500,000 with two sureties of KES 250,000 each.
Court Disposition
Application for reduction of bond terms allowed.
Orders
- The applicant Sammy Wanyoko Kamau is released on his personal bond of KES 500,000 with two sureties of KES 250,000 each.
Full Case Text
Judgment text and source record
5 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPLICATION NO.603 OF 2001 SAMMY WANYOKO KAMAU………………………….. APPLICANT VERSUS REPUBLIC …………………………………………………. RESPONDENT
SAMMY WANYOKO KAMAU………………………….. APPLICANT VERSUS REPUBLIC …………………………………………………. RESPONDENT
RULING
SAMMY WANYOKO KAMAU (applicant) is charged with the offence of Robbery with violence contrary to Section 296 (1) of the Penal Code in the Nairobi Chief Magistratate’s Court in Cr. Case No.317 of 2001. He was released on a personal bond of Shs.500,000 and one surety of a similar amount. He was unable to get a surety of Shs.500,000. He has thus come to this court, seeking a reduction of terms of bond to enable him to be released from custody pending trial. He also complains of suffering from septic abdominal ulcers. Mr. Mungai, learned State Counsel, does not object to the reduction of the terms of the bond to the extent that two sureties each of Shs.250,000 do execute the surety bonds. I am satisfied that the terms of the bond were difficult. I accordingly reduce them in the following manner: the applicant Sammy Wanyoko Kamau be and is hereby released on his personal bond of Shs.500,000 with two sureties of Shs.250,000 each. It is so ordered.
A.G.A. ETYANG ’ JUDGE 28. 8.2001