[2016] KEHC 1369 (KLR)
The court found that the applicant failed to demonstrate why the bond terms set by the trial court should be varied or that they were unreasonable. The charges involved substantial sums of money, and the bond terms reflected the seriousness of the offences. The court held that there was no justification to interfere...
Source-derived case information.
- Citation
- [2016] KEHC 1369 (KLR)
- Parties
- Applicant: Vinord Douglas Obala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 69 of 2016
- Procedural Posture
- Criminal Application / Ruling on Bond Review Application
- Outcome
- application dismissed
- Judges
- AN Makau
- Legal Topics
- Bond Review, Bail Terms, Stealing, Forgery, Conspiracy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Vinord Douglas Obala
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Bond Review Application
Legal Issues
- 1 Whether the bond terms imposed by the trial court are excessive or unreasonable.
- 2 Whether the applicant has demonstrated sufficient grounds for variation of the bond terms.
Ratio Decidendi
The court found that the applicant failed to demonstrate why the bond terms set by the trial court should be varied or that they were unreasonable. The charges involved substantial sums of money, and the bond terms reflected the seriousness of the offences. The court held that there was no justification to interfere with the bond terms as granted by the trial court, and therefore dismissed the application for review.
Court Disposition
application dismissed
Orders
- The application for review of bond terms is dismissed.
- The bond terms as set by the trial court remain in force.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL APPLICATION NO. 69 OF 2016
(CORAM: J.A. MAKAU – J)
VINORD DOUGLAS OBALA ……...…………… APPLICANT
VERSUS
REPUBLIC………….………………………… RESPONDENT
RULING
The applicant is charged with seven (7) counts. Count I: is Stealing contrary to Section 275 Penal Code, whereas Counts II, III and IV: are Forgery contrary to Section 349 of the Penal Code. Count V, VI and VII: are Conspiracy contrary to Section 317 of the Penal Code.
The trial Court granted the applicant bond term of KShs.3 million with two sureties of the KShs.3 million each or cash bail of KShs. 1. 5 million. The Applicant in this application prays that bond terms be reviewed on the grounds that the applicant is unable to meet the bond terms. Mr Gesire Learned State Counsel opposed the same.
I have very carefully considered the bond terms and the charges the accused is facing and in which substantial amount is mentioned in count II being KShs.15,245,000, Count III, being KShs.13,468,427/50, Count IV being KShs.18,787,425/65, Count V being KShs.15,245,000/=, Count VI, being KShs.13,468,427/50 and Count VII being KShs.18,787,425/65 and the sentence that may be imposed if the applicant is convicted. The applicant has not demonstrated why the bond terms should be varied nor has he demonstrated the same are not reasonable.
In view of the foregoing I find no reasons why I should interfere with the terms of bond. The same as granted are reasonable.
Accordingly the application is without merits and is dismissed.
DATED AND SIGNED AT SIAYA THIS 24TH DAY OF OCTOBER, 2016.
J.A. MAKAU
JUDGE
DELIVERED THIS 24TH DAY OF OCTOBER, 2016.
IN OPEN COURT IN THE PRESENCE OF:
APPELLANT ABSENT
MR. GESIRE FOR STATE
C.A. 1. K. ODHIAMBO
2. L. ATIKA
J.A. MAKAU
JUDGE