[2018] KEHC 9266 (KLR)
The court held that while it is necessary to impose conditions that ensure a non-Kenyan accused does not abscond, such conditions must not be so onerous as to effectively deny the right to bond. The court found that the previous bond terms were too stringent and varied them to a bond of Kshs. 1,000,000 with two...
Source-derived case information.
- Citation
- [2018] KEHC 9266 (KLR)
- Parties
- Appellant: Samuel Uche; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 297 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Bond Variation
- Outcome
- Bond terms varied; applicant granted bond on new terms.
- Legal Topics
- Bond Terms, Non Kenyan Accused, Bail Conditions, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Uche
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Bond Variation
Legal Issues
- 1 Whether the bond terms imposed on a non-Kenyan accused were excessively stringent and tantamount to a denial of bond.
- 2 What conditions are appropriate to ensure the accused's attendance without being oppressive.
Ratio Decidendi
The court held that while it is necessary to impose conditions that ensure a non-Kenyan accused does not abscond, such conditions must not be so onerous as to effectively deny the right to bond. The court found that the previous bond terms were too stringent and varied them to a bond of Kshs. 1,000,000 with two Kenyan sureties of a similar amount, retention of the applicant's passport by the trial court, mandatory reporting to the investigating officer twice a month, and a prohibition on leaving the country without the trial court's express permission. These conditions were deemed sufficient to secure the applicant's attendance while respecting his right to bond.
Court Disposition
Bond terms varied; applicant granted bond on new terms.
Orders
- Applicant to be released on a bond of Kshs. 1,000,000 with two Kenyan sureties of a similar amount to be assessed by the trial court.
- Applicant's passport to remain in custody of the trial court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 297 OF 2018
SAMUEL UCHE......................................................APPELLANT
VERSUS
REPUBLIC............................................................RESPONDENT
RULING
It has been said and ruled over and over again that the purpose of bond is so as to ensure an accused avails himself in court when required to do so. When an accused is not a Kenyan, as in the present case, the court must be cautious so that he does not leave the jurisdiction of the court. At the same time, the terms of bond must not be so stringent as to be tantamount to a denial of bond.
In balancing all these factors, I vary my order of 8/11/2017 issued in Misc. Cr. Application No. 286/2017 as follows:
a) The applicant shall be released on a bond of Kshs. 1,000,000/= with two sureties of a similar amount to be assessed by the trial court.
b) Other terms of the order remain unchanged; that is, his passport must remain in custody of the trial court. He shall be reporting to the investigating officer twice a month on days to be agreed between him and the investigating officer. He must not leave the country unless with the express permission of the trial court. The sureties must be Kenyans.
Dated and Delivered in this 11th Day of June, 2018
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. Applicant in person
2. Mr. Momanyi for the Respondent