Winfred Wakieni Kabari & Samuel Mwangi Waraga v Republic [2016] KEHC 8286 (KLR)

REPUBLIC OKENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

MISC. CRIMINAL APPL. NO. 373 of 2016

WINFRED WAKIENI KABARI …………...………1ST APPLICANT

SAMUEL MWANGI WARAGA………………….2ND APPLICANT

VERSUS

REPUBLIC………………………………..…………RESPONDENT

RULING

I note in the application that the applicant was admitted to a bond of Kshs. 2,000,000/= or cash bail of Kshs. 200,000/=.

The bail/bond must always be commensurate with the offence.  The offence of robbery with violence is a serious offence.  The subject matter is a motor vehicle valued at Kshs. 3,000,000/= that was robbed from the complainant. In that respect, I think that the bail terms are not only reasonable but lenient.

However, bond terms should not be given in vain.  I think that the bond of Kshs. 2,000,000/= is too high.  Accordingly, I reduce the same to Kshs. 1,000,000/= with one surety of a similar amount.  The cash bail shall not be varied.

DATED AND DELIVERED ON 31ST OCTOBER, 2016

G.W. NGENYE-MACHARIA

JUDGE

In the presence of;

1. Applicant, Samuel Mwangi present

2. Ms. Atina for the Respondent.