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JudgmentBRIAN RATEMO MISARO VS The Republic2 min read

BRIAN RATEMO MISARO VS The Republic

High Court at Kisii High Court · · Odera Teresa Achieng



Application dated 30.7.24 is considered. The same seeks review of bond terms .  Bond is generally available to accused persons as a matter of right under Article 49 (1)(h) of the constitution. Accused herein is charged with stealing contrary to Section 268 as read with Section 275   of the penal code. He was granted Bond of Kshs 1,000,000/= WSLS or of cash bail Kshs. 500,000/=. 

Section 123A of the Criminal Procedure Code sets the factors for consideration  before  setting  of  bail  terms as follows:

(1)Subject to Article 49(1)(h) of the and notwithstanding section 123, in making a decision on bail and bond, the Court shall have regard to all the relevant circumstances and in particular—

  1. the nature or seriousness of the offence;
  2. the character, antecedents, associations and community ties of the accused person;
  3. the defendant's record in respect of the fulfilment of obligations under previous grants of bail; and;
  4. the strength of the evidence of his having committed the offence;

(2)A person who is arrested or charged with any offence shall be granted bail unless the court is satisfied that the person—

  1. has previously been granted bail and has failed to surrender to custody and that if released on bail (whether or not subject to conditions) it is likely that he would fail to surrender to custody;
  2. should be kept in custody for his own protection.

I have carefully considered the application and I note that the same  is not opposed . The purpose of bond is to ensure that an accused person comes to court. In granting bond , the  court has a duty to consider the nature of the offence and the value of the subject matter among other factors set out under Section 123A of the Criminal Procedure Code and set  such  reasonable bond  terms which will ensure that accused comes back to court.  I have perused the lower court file and I note that the offence is Stealing Contrary to Section 268 as reads with Section 275 of the penal code .The offence is stealing and the value of the  subject matter is valued at Kshs. 1,840,194/= Accused has shown that he is an employee of the  County Government of  Mombasa . I find that the bond terms granted are harsh   and I proceed to review the same to bond of Kshs 500,000/=  WSLS or cash bail to Kshs 200,000/= .

File is closed.

It is so ordered


Delivered virtually via teams platform in the presence of :

Ongori :for Applicant

Koima for prosecution

CA : OIGO 

    BRIAN RATEMO MISARO VS The Republic BRIAN RATEMO MISARO VS The Republic