[2019] KEHC 11951 (KLR)
The court found that the bail and bond terms previously imposed on the applicant were fair in light of the charges and the amounts involved. However, considering the applicant's plea and the humanitarian grounds advanced—specifically, the need to care for his sick child—the court exercised its discretion to vary the...
Source-derived case information.
- Citation
- [2019] KEHC 11951 (KLR)
- Parties
- Applicant: Shabir Mohammed Hasi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 2 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Bail Variation
- Outcome
- bail and bond terms varied on humanitarian grounds
- Legal Topics
- Bail Variation, Bond Terms, Humanitarian Grounds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shabir Mohammed Hasi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bail Variation
Legal Issues
- 1 Whether the bail and bond terms imposed on the applicant in the lower court cases should be varied on humanitarian grounds.
- 2 Whether the existing bail terms are fair given the charges and circumstances.
Ratio Decidendi
The court found that the bail and bond terms previously imposed on the applicant were fair in light of the charges and the amounts involved. However, considering the applicant's plea and the humanitarian grounds advanced—specifically, the need to care for his sick child—the court exercised its discretion to vary the terms. In Criminal Case No. 1671 of 2014, the cash bail was reduced to Kshs. 50,000. In Criminal Case No. 2294 of 2018, the applicant was granted an unsecured bond with a surety of Kshs. 100,000 and a cash bail of Kshs. 30,000. The variations were made solely on humanitarian grounds and did not affect the fairness of the original terms.
Court Disposition
bail and bond terms varied on humanitarian grounds
Orders
- In Criminal Case No. 1671 of 2014, the cash bail is reduced to Kshs. 50,000.
- In Criminal Case No. 2294 of 2018, the applicant is released on unsecured bond with surety of Kshs. 100,000 and cash bail of Kshs. 30,000.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APP. NO. 2 OF 2019
SHABIR MOHAMMED HASI............................................................APPLICANT
VERSUS
REPUBLIC.........................................................................................RESPONDENT
RULING
1. I have heard the Applicant’s plea. I have also had the advantage of looking at the lower court files. I have seen the charges he is facing. In case No. 1671 of 2014, he is charged with stealing Kshs. 5,372,500/=. In case No. 2294 of 2018, he faces two counts of forgery and stealing respectively. The amount in issue in the latter count is Kshs 1,008,827/=. That points that the bail terms granted are very fair. I will not disturb the bond in Cr. Case No. 1671 of 2014 save to reduce the cash bail to Kshs. 50,000/=.
2. As regards Cr. Case No. 2294 of 2018, he shall be released on unsecured bond with surety of Kshs. 100,000/= with cash bail of Kshs. 30,000/=.
3. The bails are varied purely on humanitarian grounds so that he can go and look after his sick child.
DATED and DELIVERED this 2nd day of OCTOBER, 2019.
G.W. NGENYE-MACHARIA
JUDGE