Francis Edward Strange v State [2015] KEHC 4293 (KLR)

Facts

Francis Edward Strange, a 2nd accused in Criminal Case Number 48 of 2015, was granted bond with terms including providing two Kenyan sureties, paying a cash bail of Ksh. 1,000,000, depositing his passport, furnishing credible evidence of his place of residence, and reporting to the Criminal Investigation Office, Kilgoris Police Station, every two weeks. He now seeks to vary these terms.

Issues

1. To reduce the cash bail from Ksh. 1,000,000 to an affordable level
2. To drop the requirement for Civil Servants as sureties and substitute them with any Kenyan citizen willing to give sureties
3. To allow the applicant to report to Criminal Investigation Department Headquarters, Nairobi instead of Kilgoris Police Station

Reasoning

The court considers the applicant a flight risk due to his non-citizen status and the fear of absconding. The right to bail is a constitutional right, and the court will accommodate the applicant's request to use ordinary Kenyan citizens as sureties and report to a more accessible location.

Outcome

The application is granted.

Authorities cited