[2017] KEHC 9525 (KLR)
The court found that the bond terms previously set in the three criminal cases were reasonable and commensurate with the offences charged. However, recognizing the applicant's inability to afford multiple separate bond terms and the fact that all cases are pending in the same court house, the court exercised its...
Source-derived case information.
- Citation
- [2017] KEHC 9525 (KLR)
- Parties
- Applicant: Vinord Douglas Ochien'g Obala alias OOK; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 271 of 2017
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Reduction and Consolidation of Bond Terms
- Outcome
- application allowed in part
- Legal Topics
- Bond Terms, Bail Conditions, Consolidation of Cases, Flight Risk Assessment
- 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 Ochien'g Obala alias OOK
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Reduction and Consolidation of Bond Terms
Legal Issues
- 1 Whether the bond terms imposed in the three criminal cases are reasonable and commensurate with the offences charged.
- 2 Whether the applicant is entitled to a consolidation of bond terms across the three pending criminal cases.
- 3 Whether there is any evidence that the applicant is a flight risk or likely to interfere with witnesses.
Ratio Decidendi
The court found that the bond terms previously set in the three criminal cases were reasonable and commensurate with the offences charged. However, recognizing the applicant's inability to afford multiple separate bond terms and the fact that all cases are pending in the same court house, the court exercised its discretion to consolidate the bond terms. The court further noted that there was no evidence or allegation that the applicant was a flight risk or likely to interfere with witnesses. Accordingly, the court ordered that the applicant execute a single bond of Ksh. 5,000,000 with one surety of a similar amount or a cash bail of Ksh. 1,000,000 in respect of all three cases, with...
Court Disposition
application allowed in part
Orders
- The bond terms in Criminal Case Nos. 850, 999 and 520 of 2015 are consolidated.
- The applicant shall execute a bond of Ksh. 5,000,000 with one surety of a similar amount or a cash bail of Ksh. 1,000,000 in respect of the three files.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISCELLANEOUS CRIMINAL APPLICATION 271 OF 2017.
BETWEEN
VINORD DOUGLAS OCHIEN’G OBALA aliasOOK…..................................…………APPLICANT
AND
REPUBLIC…………................................................................………..........…………….RESPONDENT
RULING.
The applicant herein seeks a reduction of the bond terms and thereafter a consolidation of the same in three criminal cases he is facing at Milimani Law Courts. The first is Criminal Case No. 850 of 2015 in which he is charged with three counts. In count 1 he is charged with conspiracy to commit a felony contrary to Section 393 of the Penal Code and in counts 2 and 3 with stealing contrary to Section 268 (1) as read with Section 275 of the Penal Code. In the alternative to both counts, he is charged with handling stolen property contrary to Section 322 (2) of the Penal Code. In this case he was released on a bond of 5 million with a surety of a similar amount or a cash bail of Ksh. 1 million.
In Criminal Case No. 999 of 2015 he is charged with 3 counts of stealing contrary to Section 268 (1) as read with Section 275 of the Penal Code. In this case he was released on a bond of five million or cash bail of Ksh. 300,000/=.
In Criminal Case No. 520 of 2015 he was charged with 3 counts. In Count 1 he is charged with forgery contrary to Section 345 as read with Section 349 of the Penal Code. In count 2 he is charged with uttering a false document contrary to Section 353 of the Penal Code and in Count 3 stealing contrary to Section 268 (1) as read with Section 275 of the Penal Code. In this case he was released on a bond of Ksh. 200,000/= or a cash bail of Ksh. 50,000/=.
I have looked at all the charges and in my view the bond terms granted to the applicant are reasonable. They are commensurate with the offences. But taking into account that he is unable to afford the various bond terms it only fair that the bond terms be consolidated, after all the files are in the same court house. I have given regard to the fact that it has not been alluded to or demonstrated that the applicant is a flight risk. It has not also been alleged that he is likely to interfere with witnesses. Accordingly, I allow the application with an order that the bond terms in Criminal Case Nos. 850, 999 and 520 of 2015 be and are hereby consolidated. I order that he executes a bond of Ksh. Five Million with one surety of a similar amount or a cash bail of Ksh. One Million (1,000,000/) in respect of the three files. I note that the 3 cases are pending before Court Nos. 1, 4 and 12 respectively. I therefore direct that the surety be assessed by Court No. 1 or any of the other courts under the direction of Court No. 1. Upon approval of the surety or payment of the cash bail the copies of the security documents or cash bail receipts shall be filed in all the files with the original receipt remaining in file before Court No. 1. It is so ordered.
DATED and DELIVERED 19TH DAY OF OCTOBER, 2017.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. Present in person for the Applicant.
2. Miss Atina. for the Respondent.