Republic v Monene (Criminal Case E2816 of 2024) [2025] KEMC 156 (KLR)

Magistrates' Court

10 July 2025

ANA.P NDEGE

538 words in judgment

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The bottom line

A Nakuru court cut a Kshs. 100,000 bond to Kshs. 30,000 cash bail because bail must be affordable given an accused person's financial circumstances.

What this practically means

Executive summary

This is a ruling by Senior Principal Magistrate Hon. A.P Ndege, delivered at Nakuru on 10th July 2025, on the accused Duke Makori Monene's application to substitute a surety-based bond with cash bail. The accused faced a charge of threatening to kill contrary to Section 223(1) of the Penal Code, arising from an incident on 29th December 2024 at Kaptembwo, Nakuru, in which he allegedly threatened to kill his wife, Vivian Kemunto, while armed with a knife. He had been granted bond of Kshs. 100,000 with one surety of similar amount on 26th May 2025 but sought cash bail, citing inability to secure a surety. A pre-bail report by the probation office highlighted his humble background as a casual labourer, lack of financial capacity to secure sureties, strong family ties as a married father of two, and remorse attributed to alcohol intoxication. Notably, the complainant, his wife, had filed a request to withdraw the case dated 25th February 2025, expressing a wish to reconcile, though that request remained pending. Relying on Article 49(1)(h) of the Constitution, Section 123 of the Criminal Procedure Code, the Bail and Bond Policy Guidelines and Harish Mawjee & another v Republic, the court found the bond terms oppressive given the accused's proven inability to secure a surety and socio-economic status. The court allowed the application, substituting the bond with cash bail of Kshs. 30,000 with one approved contact person, mandatory attendance at all sittings, and immediate revocation on non-compliance. The pending withdrawal request was not determined.

Key legal issues

Substitution of surety-based bond with cash bail

Holding

The application was granted; the accused proved inability to secure a surety, rendering the bond terms oppressive, and cash bail of Kshs. 30,000 was set as a reasonable alternative.

Reasoning

The court relied on the pre-bail report by the probation office which highlighted the accused's humble background as a casual labourer, lack of financial capacity to secure sureties, strong family ties with two children, and remorse. Being a first-time offender with a fixed abode and family dependents, and given the complainant's pending withdrawal request, the court found the original Kshs. 100,000 bond excessive relative to his socio-economic status and substituted it with affordable cash bail with conditions ensuring attendance.

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Legal principles established

Bail and bond terms must be affordable, reasonable and not more than necessary to guarantee the accused's attendance at trial, and where an accused proves inability to meet bond terms, cash bail may be substituted as a reasonable alternative.

Court orders

1.The accused's application for cash bail is granted
2.The cash bail is set at Kshs. 30,000, payable to the court registry with one contact person
3.The contact person shall avail a copy of his/her National Identity Card, a passport photo and a chief's letter indicating that he/she has known the applicant for a period of more than 12 months, all to be approved by the court
4.The accused shall attend all court sittings including mentions and hearings on a mandatory basis
5.Non-compliance will result in immediate bail revocation

Authorities

Legislation

Constitution of Kenya, 2010Article 49(1)(h)
Penal Code Cap. 63Section 223(1)
Criminal Procedure Code Cap. 75Section 123(2)

Cases cited (1)

Harish Mawjee & another v Republic
[2020] KEHC 1861 (KLR)

Jurisdiction invoked: Article 49(1)(h) of the Constitution and Section 123 of the Criminal Procedure Code Cap. 75

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Republic v Monene (Criminal Case E2816 of 2024) [2025] KEMC 156 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/156/eng@2025-07-10

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.