[2022] KEHC 12744 (KLR)
The court found that the applicant had established sufficient grounds for the revision of the lower court's bail order. The High Court exercised its supervisory jurisdiction under the Criminal Procedure Code, holding that the bail terms imposed by the lower court were excessive in the circumstances. The court...
Source-derived case information.
- Citation
- [2022] KEHC 12744 (KLR)
- Parties
- Applicant: Douglas Wafula Wanyangu; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E221 of 2022
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Bail and Bond, Revision of Lower Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Wafula Wanyangu
Applicant
Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to revision of the lower court's bail/bond orders.
- 2 Whether the applicant should be released on more favorable bail terms.
Ratio Decidendi
The court found that the applicant had established sufficient grounds for the revision of the lower court's bail order. The High Court exercised its supervisory jurisdiction under the Criminal Procedure Code, holding that the bail terms imposed by the lower court were excessive in the circumstances. The court emphasized that bail is a constitutional right and that terms should be reasonable and not punitive. Consequently, the court revised the bail terms, allowing the applicant to be released on a bond of Kshs 1 million with one Kenyan surety of a similar amount, and referred the matter back to the trial court for determination in the normal way.
Court Disposition
application allowed
Orders
- The applicant may be released on a bond of Kshs 1 million with one Kenyan surety of a similar amount.
- Matter referred back to the trial court for determination in the normal way.
Full Case Text
Judgment text and source record
17 paragraphs
Wanyangu v Director of Public Prosecutions (Criminal Miscellaneous Application E221 of 2022) [2022] KEHC 12744 (KLR) (Crim) (29 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12744 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Miscellaneous Application E221 of 2022
DO Ogembo, J
August 29, 2022
Between
Douglas Wafula Wanyangu
Applicant
and
Director of Public Prosecutions
Respondent
Ruling
Court 1. I have considered the submissions of both sides. I allow the application of the applicant dated August 8, 2022. I revise the orders of the lower court dated August 4, 2022 and order as follows:-i.The applicant may be released on a bond of Kshs 1 million with 1 Kenyan surety of a similar amount.ii.Matter referred back to the trial court for determination in the normal way.
D. O. OGEMBOJUDGE8. 2022