Case Metadata |
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| Case Number: | Misc Crimi Appli 576 of 2005 |
|---|---|
| Parties: | David Wanjohi Maina v Republic |
| Date Delivered: | 23 Dec 2005 |
| Case Class: | Criminal |
| Court: | High Court at Nairobi (Milimani Law Courts) |
| Case Action: | |
| Judge(s): | J Lesiit J |
| Citation: | David Wanjohi Maina v Republic [2005] eKLR |
| Advocates: | MR. Kangahi for the Applicant; Mr. Makura for the Republic |
| Advocates: | MR. Kangahi for the Applicant; Mr. Makura for the Republic |
| Case Summary: | [RULING] Criminal procedure - bond - application to vary bond terms - applicant stating that he had been unable to raise the cash bail required by the court - whether the terms set by the court were excessive - whether the terms should be varied. |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
Misc Crimi Appli 576 of 2005
(Variation of Bond pending Appeal in Criminal Case No. 2339 of 2005 of the Chief
Magistrate’s Court at Nairobi
DAVID WANJOHI MAINA……………………….……………………..……..APPLICANT
VERSUS
REPUBLIC …………………………………………………………………....RESPONDENT
RULING
The Applicant has by Chamber Summons dated 18th November 2005 sought an order of this Court varying the bond terms in Criminal Case No. 2339 of 2005. Mr. Kangahi, who argued the Application on behalf of the Applicant submitted that the Applicant had been given bond of Kshs.300,000/- cash bail in CMCC No. 3325 of 2005. That Applicant has been unable to raise the cash bail. That subsequent to filing the Application, the Applicant made a similar application before the lower court which was denied. Counsel submitted that the Applicant was a man of humble means.
MR. MAKURA, learned counsel for the State opposed the Application. He submitted that the amount of bail given should have regard to the circumstances of the case. Counsel submitted that the amount involved was 1.3 million and therefore the bond terms granted by the Court were reasonable.
I have considered the Application and have also called for Chief Magistrate’s Criminal Case No. 2333 of 2005 and Criminal Case No. 2312 of 2005. The former case was consolidated with the latter one.
I see that in these cases the Applicant was granted bond of Kshs.300,000/- cash bail or in lieu of same be remanded in custody.
The Applicant is charged with 3 others with similar charges so that the 1.3 million involved in the case also involved 3 other persons. The amount of Kshs.300,000/- is quite substantive. I do not think that to order a cash deposit of such an amount, having regard to the charges before the court, that the same is reasonable. The court by granting bail was of the view that the Applicant deserved to be released if he met the requisite terms. In the circumstances the terms set by the Court are excessive and goals set too high.
I will allow this Application by varying the bond terms as follows: Applicant may be released on bond of Kshs.300,000/- with one surety of same amount to be examined by the trial court.
It is so ordered.
Dated at Nairobi this 23rd day December 2005.
LESIIT, J.
JUDGE
Read, signed and delivered in the presence of;
Applicant
Mr. Kangahi for the Applicant
for state
Court clerk: Erick ………………..
LESIIT, J.
JUDGE
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