Samuel Njonjo Wanjiru v Republic [2016] KEHC 4557 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYAAT NAIROBI

MISC. CRIMINAL APPLICATION NO. 166 OF 2016

SAMUEL NJONJO WANJIRU…….…….……………………APPLICANT

Versus

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

RULING

I have considered the respective submissions.  Although the application has presented a good case for consideration, I do not think that he is entirely speaking the truth.  He ought to have his uncle’s telephone number off-head, taking into account that this particular person entirely takes care of him and his younger brother as well as his bad ridden mother.

However, I consider as learned counsel for the state that the bail terms granted to the Applicant are too high and they negate the very purpose for which bail is granted.  The Applicant’s offer is also too low.

In consideration of the offences he is facing, I hereby set aside the terms of bond given by the trial court.  I substitute them with an order that the Applicant be and is hereby released on a cash bail of Kshs. 200,000/= with a surety bond of Kshs. 500,000/= to be assessed by the trial court

DATED and DELIVERED in Nairobi this 24thday of May, 2016.

G.W. NGENYE-MACHARIA

JUDGE