[2020] KEHC 4030 (KLR)
The court found that the only significant change in circumstances since the initial bond ruling was that the majority of witnesses had already testified. This development reduced the risk factors considered at the time of the original bond decision. Consequently, the court exercised its discretion to revise the bond...
Source-derived case information.
- Citation
- [2020] KEHC 4030 (KLR)
- Parties
- Applicant: Solomon Ndirangu Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 71 of 2020
- Procedural Posture
- Criminal Case / Application for Revision of Bail Terms
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Bail Revision, Bond Terms, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon Ndirangu Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Application for Revision of Bail Terms
Legal Issues
- 1 Whether the bond terms imposed on the applicant were excessive in the circumstances.
- 2 Whether there has been a change in circumstances to warrant revision of the bond terms.
Ratio Decidendi
The court found that the only significant change in circumstances since the initial bond ruling was that the majority of witnesses had already testified. This development reduced the risk factors considered at the time of the original bond decision. Consequently, the court exercised its discretion to revise the bond terms, finding it prudent and just to lower the bond amount to Ksh.1 million with one surety of a similar amount, thereby balancing the applicant's right to bail with the interests of justice.
Court Disposition
application allowed
Orders
- The applicant may be released on a bond of Ksh.1 million with one surety of a similar amount.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 71 OF 2020
SOLOMON NDIRANGU MWANGI.........................APPLICANT
VERSUS
REPUBLIC...............................................................RESPONDENT
RULING
The accused SOLOMON NDIRANGU MWANGI (the applicant) has filed this application dated 17. 6.2020 seeking a revision of the terms of bail imposed herein by the court. That the bond of Ksh.2 million granted is excessive in the circumstances. It was submitted that the family of the applicant are of meagre means and have failed to secure the terms of bond set.
Counsel for the state opposed this application that the applicant must show any change in the circumstances as to warrant revision of the terms of bond, which they have failed to do. She maintained that it is not for the defence to tell the court what terms to set.
I have considered the submissions of both sides. Following the substantive applications for bail by the applicant, which was opposed by the prosecutions sides, this court made a ruling in favour of the applicant. In considering the circumstances of this case, the court granted the applicant a bond of Ksh.2million with 1 surety of a similar amount. The only change that has happened in this matter is that majority of witnesses have already testified. It is on this basis that I find it prudent to revise the terms of bond set herein. I allow this application and order that the applicant may now be released on a bond of Ksh.1million 1 surety of a similar amount.
D. O. OGEMBO
JUDGE
17. 7.2020
Court:
Ruling read out in open court in the presence of Mr. Mokaya for accused and Mr. Kibathi for the state.
D. O. OGEMBO
JUDGE
17. 7.2020