HIGH COURT REDUCES FORMER KRA MANAGER CASH BAIL FROM SH15 MILLION TO 3 MILLION.

High Court has set aside decision by trial court to release former Kenya Revenue Manager and his wife on a cash bail of Sh 5 million and bond of 10 million.

Justice Mumbi Ngugi reviewed the bail terms imposed on Joseph Chege Gikonyo, Lucy Kangai Stephen and their company Giche Limited from Sh15 million to 3 million.

The family could have paid total cash bail of Sh15 million or bond of sh38 million to secure their freedom.

The judge directed the two to be released on a cash bail of kshs. 1 million or a bond of Kshs.2 million with one surety of the same amount each.

“Taking the constitutional and statutory factors into consideration as well as the personal circumstances of the applicants, I am satisfied that the interests of justice demands a review of the bail terms imposed on them”, ruled the judge.

But the accused should deposit their passports as ordered by the trial court.

The husband and wife were charged with failure to pay amounting to Sh38.6 million and pleaded not guilty to the charge.

They appeared before Milimani Anti-Corruption Chief Magistrate Lawrence Mugambi and were released on a cash bail of Kshs. 5 million and bond of 10 million.

They were accused that on diverse dates between the year 2010 and 2015 in Mombasa county, being directors of Giche Limited failed to pay to Kenya Revenue Authority tax amounting to Kshs 38,692,694 arising from the company’s taxable income and accrued penalties.

Aggrieved by the trial court decision, they moved to the high court seeking review of the bond terms imposed on them by the Anti-Corruption court.

They argued that the cash bail of 5 million for each of them is unreasonable and couldn’t afford to pay such amount to secure their freedom pending trial.

The couple further argued that the imposition of cash bail of 5 million for each accused persons which amounts to 15 million to secure their release on a collective charge of Kshs 38 million was excessive , illogical, absurd and amounts to unfair and unreasonable administrative action.