Samuel Muriithi Mbaabu v Republic [2017] KEHC 9540 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

MISC. CR. APP. NO. 244 OF 2017

SAMUEL MURIITHI MBAABU..……….......………APPLICANT

VERSUS

REPUBLIC …………………………………….…..…RESPONDENT

RULING

I have considered the application and the submissions. For all purposes, the terms of bond granted cannot be deemed as excessive. However, it cannot be explained why the prosecution for a period of over one year, have only procured two witnesses yet 13 witnesses are lined up to testify. That explains laxity of the investigators and prosecution to conclude the trial on time.

It is a cardinal principle that in as much as bond should be reasonable, it makes no sense to grant bond that cannot be met by an accused.  In the circumstances, where it is demonstrated that the prosecution is not doing enough to procure their witnesses, it becomes an injustice to continue to keep an accused in custody. For this reason, I will reduce the bond terms. The Applicant shall deposit a surety bond of Kshs. 1,000,000 /= or pay a cash bail of Kshs. 500,000/=. The surety shall be assessed by the trial court.

DATED and DELIVERED this 2nd day of October, 2017.

G.W. NGENYE-MACHARIA

JUDGE