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MagistrateAllowedNot stated in the judgment· [2025] KEMC 169 (KLR)

Republic v Aluchiri & another (Criminal Case E889 of 2025) [2025] KEMC 169 (KLR)

Magistrates' Court (Nakuru)
28 July 2025
ANAloice Peter Ndege
601 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nakuru court reduced an accused person's bond to Kshs. 100,000 with one surety, applying Kenya's constitutional right to reasonable, non-excessive bail terms.

What this practically means

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Executive summary

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The accused persons faced a charge of Preparation to Commit a Felony contrary to section 308(1) of the Penal Code, arising from an allegation that on 27 April 2025 at Bondeni area, Nakuru East sub-County, they were jointly found armed with a knife and a sword in circumstances indicating intent to commit a felony. The 1st accused had secured a surety on a bond of Kshs. 200,000/=, while the 2nd accused remained in remand custody; the trial had commenced with only one prosecution witness partially heard. At a routine mention on 21 July 2025, the 2nd accused applied for review of his bond terms, and the prosecution did not oppose the application. The court, guided by Article 49(1)(h) of the Constitution, which guarantees release on bail or bond on reasonable conditions absent compelling reasons, and sections 123(2) and 123A of the Criminal Procedure Code, which require bail not be excessive and set out relevant considerations, referred to Republic v Peter Maina Mwangi [2025] KEMC 69 (KLR) on the principles of bail and bond. Holding that no objection had been raised, the Senior Principal Magistrate reviewed the 2nd accused's bond terms to Kshs. 100,000/= with one surety of a similar amount. The order was signed, dated and delivered in open court at Nakuru on 28 July 2025.

Key legal issues

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Right to reasonable bail and bond terms

Holding

The court has discretion to review bond terms where no objection is raised by the prosecution, guided by Article 49(1)(h) and sections 123 and 123A of the Criminal Procedure Code

Reasoning

The court noted that Article 49(1)(h) guarantees release on reasonable bond terms absent compelling reasons. Section 123(2) requires bail not be excessive, and section 123A lists relevant considerations including the seriousness of the offence, the accused's antecedents, prior fulfilment of bail obligations and the strength of the evidence. The prosecution did not oppose the review, so the court reduced the bond for the 2nd accused from the earlier figure to Kshs. 100,000/= with one surety of a similar amount.

p. 2

Legal principles established

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  • Bail amounts shall not be excessive and shall be fixed with regard to the circumstances of the case
  • An accused has the right to bail or bond on reasonable conditions unless there are compelling reasons to refuse it

Court orders

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  1. 1.Bond terms for the 2nd accused person reviewed to Kshs. 100,000/= with 1 surety of a similar amount
Jurisdiction invoked
Article 49(1)(h) of the Constitution; sections 123 and 123A of the Criminal Procedure Code

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Aluchiri & another (Criminal Case E889 of 2025) [2025] KEMC 169 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/169/eng@2025-07-28

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