[2016] KEHC 4557 (KLR)
The court found that while the applicant may not have been entirely truthful regarding his personal circumstances, the bail terms imposed by the trial court were excessive and undermined the constitutional right to bail. The court exercised its discretion to set aside the original bond terms and substituted them...
Source-derived case information.
- Citation
- [2016] KEHC 4557 (KLR)
- Parties
- Applicant: Samuel Njonjo Wanjiru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 166 of 2016
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Bail Terms
- Outcome
- bail terms reviewed and substituted
- Legal Topics
- Bail Terms, Bond Conditions, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Njonjo Wanjiru
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Bail Terms
Legal Issues
- 1 Whether the bail terms set by the trial court were excessive and contrary to the purpose of bail.
- 2 Whether the applicant should be granted more reasonable bail terms.
Ratio Decidendi
The court found that while the applicant may not have been entirely truthful regarding his personal circumstances, the bail terms imposed by the trial court were excessive and undermined the constitutional right to bail. The court exercised its discretion to set aside the original bond terms and substituted them with more reasonable conditions, balancing the seriousness of the offences with the applicant's right to liberty and the need to ensure his attendance at trial.
Court Disposition
bail terms reviewed and substituted
Orders
- The terms of bond given by the trial court are set aside.
- The applicant is released on a cash bail of Kshs. 200,000 with a surety bond of Kshs. 500,000 to be assessed by the trial court.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NAIROBI
MISC. CRIMINAL APPLICATION NO. 166 OF 2016
SAMUEL NJONJO WANJIRU…….…….……………………APPLICANT
Versus
REPUBLIC ……………………………….………………..…RESPONDENT
RULING
I have considered the respective submissions. Although the application has presented a good case for consideration, I do not think that he is entirely speaking the truth. He ought to have his uncle’s telephone number off-head, taking into account that this particular person entirely takes care of him and his younger brother as well as his bad ridden mother.
However, I consider as learned counsel for the state that the bail terms granted to the Applicant are too high and they negate the very purpose for which bail is granted. The Applicant’s offer is also too low.
In consideration of the offences he is facing, I hereby set aside the terms of bond given by the trial court. I substitute them with an order that the Applicant be and is hereby released on a cash bail of Kshs. 200,000/= with a surety bond of Kshs. 500,000/= to be assessed by the trial court
DATED and DELIVERED in Nairobi this 24thday of May, 2016.
G.W. NGENYE-MACHARIA
JUDGE