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Kenya decisions
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Gachango v Republic [2025] KEHC 344 (KLR)
The High Court revised bail terms after finding the original Kshs. 5 million cash bail and sureties excessive, reducing them in light of the applicant’s circumstances.
Mutinda v Republic [2024] KEHC 563 (KLR)
The High Court dismissed a revision against bail terms, holding that Kshs 3 million cash bail for theft by servant and related forgery charges was not shown to be unreasonable.
Kiswili v Republic [2023] KEHC 25494 (KLR)
The High Court reduced bail terms after finding the trial court had set excessive bond based only on the alleged amount involved, without adequate regard to the accused’s means.
Republic v Ali & 4 others [2023] KEHC 25999 (KLR)
The High Court in Garissa declined to reduce bail terms for two murder accused, holding that the existing bond of KES 500,000 with one surety was not unreasonable.
Reingoti v Republic [2022] KEHC 14859 (KLR)
The High Court dismissed an application seeking review of bond terms, finding it incompetent because it lacked the trial court case number, the impugned order, and proper legal grounding.
Republic v Kipkuren [2022] KEHC 13508 (KLR)
The court held that the accused's right to reasonable bond terms is constitutionally protected and that the absence of objection from the prosecution, the accused's lack of antecedents, low flight risk, and strong community ties all support the grant of bond. The court rejected the probation officer's recommendation to delay release pending reconciliation, finding that such a condition would violate the presumption of innocence and improperly tie the accused's liberty to extra-judicial processes. The views of the victim's family, while relevant, cannot override the accused's constitutional ri…
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Republic v Chege [2022] KEHC 12872 (KLR)
The High Court at Nakuru reviewed the accused’s bond terms in a murder case, reducing them to Kshs. 100,000 with surety, or two sureties of Kshs. 50,000 each.
Richard Wambugu Mahihu v Director of Public Prosecutions [2021] KEHC 4236 (KLR)
The court held that while the applicant is entitled to reasonable bail terms and the presumption of innocence, consolidation of bail terms across multiple cases involving different complainants, dates, and courts is not prudent. The court found that requiring a single surety to ensure attendance in all cases would be onerous and that the facts differ from precedents involving less serious offences. However, the court exercised its discretion to revise the bail terms in two of the four cases, reducing the amounts required, but maintained that separate sureties must be furnished for each case.…
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Joyce Wairimu Wanyoike v Republic [2021] KEHC 7045 (KLR)
High Court revised bail terms that had been set at Kshs.2 million cash bail, reducing them to Kshs.1 million with two sureties, or cash bail on the same terms.
Caleb Wafula Odinga v Republic [2021] KEHC 7364 (KLR)
High Court declined to interfere with bail terms, finding the trial court had properly exercised discretion and the applicant had not rebutted concerns from the probation report.
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