1. I have heard counsel for the applicant in an application dated 11/5/2026 and supported by the affidavit of Brian Obare of even date. I have also heard counsel for Respondent M/s Koech.
2. The applicant seeks review of bail/bond terms granted to the Applicant in Thika Chief Magistrate’s Criminal case No. E941/2026.
3. In brief, the Applicant was arraigned in Court for plea on 4/5/2026 charged with being in possession of narcotic drugs contrary to section 3 (1) as read with section 3(2) of narcotic drugs and psychotropic substances control (Amendment Act) No. 4 of 2022.
4. The particulars allege that he was found in possession of narcotic drugs to wit 14 rolls of cannabis (bhang)estimated to be 14 grams with street value of Kshs. 1,400/=.
5. Upon plea, he was granted a bond of Kshs. 100,000/=.
6. On 22/5/2026, the applicant applied for an alternative cash bail but the application was not considered that day.
7. The application was instead considered and cash bail granted on 12/6/2026. The applicant was granted cash bail of Kshs. 40,000/- as an alternative.
8. The applicant sought a further review of the bond/bail terms on 25/6/2026.The prosecution’s response was that the terms were reasonable. The Court did not say anything in regard to the further application of review by the applicant.
9. Article 49(1)(h) of the Constitution gives the accused the right to be released on bond or bail on reasonable condition, pending a charge or trial unless there are compelling reasons not to be released. This constitutional provision is reinforced by section 123(2) of the Criminal Procedure Code which emphasizes that the amount of bond shall have due regard to the circumstance of the case, and shall not be excessive.
10. Further, Article 123 directs the court on the factors that it ought to consider in granting bond, namely:-
1. the nature and seriousness of the offence.
2. Character, antecedents, associations and community ties of the accused.
3. Record of the fulfilment of obligations under previous grant of bail among others.
11. In fixing the bail terms that the Applicant was required to comply with, the Court ought to have paid due regard to the nature of the offence.The particulars disclose that the cannabis that Applicant was found in possession of is only worth a paltry kshs. 1,400/=.
Moreover, there is no pre-bail report that was sought to determine the personal circumstances of the applicant.
12. Conditions of bail/bond ought not to serve as a punishment, they are only intended to ensure they bind the accused to attend Court until the conclusion of the trial.
13. The terms of bond imposed by trial Court are in my view not proportional to an offence whose subject matter is a value of Kshs. 1,400/=.
14. The court considers that the current terms manifestly excessive and unreasonable in the circumstances and warrant a review of the terms for offending the fundamental principle that bail/bond conditions must be proportionate to the offence charged.
15. I thus order that the terms of bail be and are hereby revised. The Applicant shall be released on a bond of Kshs. 20,000/= plus surety of like amount in the alternative cash bail of Kshs. 10,000/=.
In addition, to payment of cash bail:-
1) Applicant shall provide his personal contact details, and;
2) Contact details of one other person whose details must be approved by the trial court.
Dated, signed and delivered at Thika this 16th July, 2026.
...............................................
L. N. MUGAMBI
JUDGE
HCCR REV E027/2026 – RULING 2 | Page
2. The applicant seeks review of bail/bond terms granted to the Applicant in Thika Chief Magistrate’s Criminal case No. E941/2026.
3. In brief, the Applicant was arraigned in Court for plea on 4/5/2026 charged with being in possession of narcotic drugs contrary to section 3 (1) as read with section 3(2) of narcotic drugs and psychotropic substances control (Amendment Act) No. 4 of 2022.
4. The particulars allege that he was found in possession of narcotic drugs to wit 14 rolls of cannabis (bhang)estimated to be 14 grams with street value of Kshs. 1,400/=.
5. Upon plea, he was granted a bond of Kshs. 100,000/=.
6. On 22/5/2026, the applicant applied for an alternative cash bail but the application was not considered that day.
7. The application was instead considered and cash bail granted on 12/6/2026. The applicant was granted cash bail of Kshs. 40,000/- as an alternative.
8. The applicant sought a further review of the bond/bail terms on 25/6/2026.The prosecution’s response was that the terms were reasonable. The Court did not say anything in regard to the further application of review by the applicant.
9. Article 49(1)(h) of the Constitution gives the accused the right to be released on bond or bail on reasonable condition, pending a charge or trial unless there are compelling reasons not to be released. This constitutional provision is reinforced by section 123(2) of the Criminal Procedure Code which emphasizes that the amount of bond shall have due regard to the circumstance of the case, and shall not be excessive.
10. Further, Article 123 directs the court on the factors that it ought to consider in granting bond, namely:-
1. the nature and seriousness of the offence.
2. Character, antecedents, associations and community ties of the accused.
3. Record of the fulfilment of obligations under previous grant of bail among others.
11. In fixing the bail terms that the Applicant was required to comply with, the Court ought to have paid due regard to the nature of the offence.The particulars disclose that the cannabis that Applicant was found in possession of is only worth a paltry kshs. 1,400/=.
Moreover, there is no pre-bail report that was sought to determine the personal circumstances of the applicant.
12. Conditions of bail/bond ought not to serve as a punishment, they are only intended to ensure they bind the accused to attend Court until the conclusion of the trial.
13. The terms of bond imposed by trial Court are in my view not proportional to an offence whose subject matter is a value of Kshs. 1,400/=.
14. The court considers that the current terms manifestly excessive and unreasonable in the circumstances and warrant a review of the terms for offending the fundamental principle that bail/bond conditions must be proportionate to the offence charged.
15. I thus order that the terms of bail be and are hereby revised. The Applicant shall be released on a bond of Kshs. 20,000/= plus surety of like amount in the alternative cash bail of Kshs. 10,000/=.
In addition, to payment of cash bail:-
1) Applicant shall provide his personal contact details, and;
2) Contact details of one other person whose details must be approved by the trial court.
Dated, signed and delivered at Thika this 16th July, 2026.
...............................................
L. N. MUGAMBI
JUDGE
HCCR REV E027/2026 – RULING 2 | Page