Relief for Kimosop after court cuts bail to Sh6 million

Former KVDA boss David Kimosop got a reprieve after the High Court reduced his cash bail to Sh6 million down from Sh12 million.

Justice John Onyiego cut the bail for among others Samuel Kimutai Koskei and William Maina down to Sh6 million.

All the 16 accused who made the application including Kimosop were still in remand prison waiting for the review, arguing they could not afford it.

“The first three shall be released on a bond of Sh20 million with one surety of the same amount or a cash bail of Sh6 million in place of Sh50 million bond or Sh12 million cash bail that had been issued by Ogoti,” the ocurt ruled.

The judge said he took into account the circumstances of the case, considering the three are employees of a public body who are not likely to abscond and they are presumed innocent until proven guilty.

However, the court declined to review the bond terms of the other 13 accused persons who had applied alongside Kimosop, ruling that their terms were reasonable considering the seriousness of the charges.

They were asked for Sh5 million bond or Sh2 million cash.

Onyiego said the scales of justice must well be balanced without necessarily tilting to the applicants' side.

He noted that from the court record, some have already secured their release by paying cash bail or depositing securities such as titles and others are in the process.

“Inability to pay should not be an automatic ground to interfere with a properly exercised discretion by the trial court,” court held.

Jugde Onyiego argued that if all poor people who commit serious crimes were to be released on what in their opinion is affordable terms, it would amount to a travesty of justice against the victims of the crimes who may stand to suffer should the accused decide to abscond.

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