[2019] KEHC 1912 (KLR)
The court found that the applicant's request to vary the bail terms by reducing the number of required sureties from two to one was reasonable given the nature of the charges and the applicant's inability to secure a second surety. The court determined that one surety would be sufficient to secure the applicant's...
Source-derived case information.
- Citation
- [2019] KEHC 1912 (KLR)
- Parties
- Applicant: Zablon Macharia Maina (aka Andrew Kirunja Nkubitu); Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 40 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application to Vary Bail Terms
- Outcome
- application allowed
- Judges
- DW Mbuteti
- Legal Topics
- Bail Variation, Remand Custody, Forgery Charges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zablon Macharia Maina (aka Andrew Kirunja Nkubitu)
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Vary Bail Terms
Legal Issues
- 1 Whether the bail terms imposed by the trial court should be varied to allow the applicant to provide only one surety instead of two.
Ratio Decidendi
The court found that the applicant's request to vary the bail terms by reducing the number of required sureties from two to one was reasonable given the nature of the charges and the applicant's inability to secure a second surety. The court determined that one surety would be sufficient to secure the applicant's attendance at trial and that the bail terms should not be so onerous as to amount to a denial of bail. Accordingly, the court allowed the application and varied the bail terms as requested.
Court Disposition
application allowed
Orders
- The conditions for bail imposed by the trial court are hereby varied such that the applicant shall execute a personal bond of KShs 150,000.00 and provide one surety in like sum.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
MISCELLANEOUS CRIMINAL APPLICATION NO.40 OF 2019
(ORIGINATING FROM NANYUKI CM CRIMINAL CASE NO 957 OF 2018)
(IN THE MATTER OF AN APPLICATION FOR VARIATION OF TERMS OF BAIL)
ZABLON MACHARIA MAINA
(akaANDREW KIRUNJA NKUBITU)…..…..……….…..…………...APPLICANT
VERSUS
REPUBLIC………………………………………...……………..……..RESPONDENT
R U L I N G
1. The Applicant herein, ZABLON MACHARIA MAINA, is the accused in Nanyuki CM Criminal Case No 957 of 2018 where he is facing five charges related to forgery. His case in the trial court has been proceeding. He has been in remand custody since 20/06/2018, more than a year and 5 months. He was granted bail by the trial court, but he has not been able to meet the terms imposed. Those terms were that he executes a personal bond of KShs 150,000/00 and provide 2 sureties in like sum.
2. The Applicant has applied to this court by an application dated 09/09/2019 for variation of those terms. The only variation he seeks is that instead of 2 sureties he provides only one.
3. The Republic has opposed the application by replying affidavit filed on 18/11/2019. But at the hearing of the application learned prosecution counsel stated that he would not have any problem with the Applicant providing only one surety. He left the matter to court.
4. I have considered the application. The Applicant said that one of his uncles is ready and willing to stand surety for him. He is unable to get a second surety.
5. I do not think that the Applicant’s request in the present application is unreasonable. Given the nature of the charges he is facing, one surety should be sufficient.
6. I will in the circumstances allow the application. The conditions for bail imposed by the trial court are hereby varied such that the Applicant shall execute a personal bond of KShs 150,000/00 and provide one surety in like sum. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 20TH DAY OF NOVEMBER 2019
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 21ST DAY OF NOVEMBER 2019