Joseph Katua v Republic [2019] KEHC 11118 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CR. REVISION NO. 841 OF 2018

JOSEPH KATUA.........................................................................APPLICANT

VERSUS

REPUBLIC................................................................................RESPONDENT

RULING

I have considered the respective submissions.  I have taken note of the Applicant’s old age which mitigates leniency in bail terms. Upon interrogating him, I have concluded that he comes from a very economically challenged background and affording bond/bail will subject him to a lot of  agony and fatigue.  Since he has a friend who is ready to ensure that he attends court at all times, I hold that this is a case in which a personal bond/bail should suffice.

I accordingly set aside the bond/bail terms granted to the Applicant at trial.  I hereby admit him to a personal bond of Kshs. 50,000/= with one surety of a similar amount.  The surety must be one Pius Mutanga Makau. Personal particulars (assessment of surety) shall be done by the trial court.

DATED and DELIVERED this 13thday ofMarch, 2019

G.W. NGENYE-MACHARIA

JUDGE