Republic v Monene (Criminal Case E2816 of 2024) [2025] KEMC 156 (KLR) (10 July 2025) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 156
- Citation
- [2025] KEMC 156 (KLR)
- Decided
- 10 July 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal CasePostureApplication for substitution of surety-based bond with cash bailCoramHON A.P NDEGE, SENIOR PRINCIPAL MAGISTRATE
Holding
The court grants the accused's application for cash bail and sets it at Kshs. 30,000.
Facts
The accused, Duke Makori Monene, faces a charge of threatening to kill. He was granted bond in the sum of Kshs. 100,000 with one surety of similar amount. He now seeks cash bail due to inability to secure a surety. The complainant, Vivian Kemunto, has since requested to withdraw the case.
Issues
- Whether the accused's inability to secure a surety makes the current bond terms oppressive.
- Whether cash bail is a reasonable alternative under the law.
- Whether the original bond amount is excessive given the accused's socio-economic status.
Reasoning
The court finds that the accused has proven inability to secure a surety, making the current bond terms oppressive. Cash bail is a reasonable alternative under Section 123 CPC and Article 49(1)(h) of the Constitution. The original bond amount is excessive given the accused's socio-economic status.
Outcome
The accused's application for cash bail is granted.
Orders
- Cash bail set at Kshs. 30,000
- Contact person to provide required documents
- Accused to attend all court sittings on a mandatory basis
- Non-compliance will result in immediate bail revocation
Authorities cited
Legislation (4)
- Criminal Procedure Code Cap. 75
- Bail and Bond Policy Guidelines.pdf
- Section 123(2) of the Criminal Procedure Code Cap. 75
- Article 49(1)(h) of the Constitution
Cases cited (1)
- Harish Mawjee & another v Republic [2020] KEHC 1861 (KLR)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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