Automated Summary
Key Facts
The applicant, a British passport holder, was charged with obtaining by false pretenses and released on a 2,000,000 KES bond with one Kenyan surety. His passport (No. 720101007) was deposited in court. The judge ruled to release the passport upon furnishing a second Kenyan surety of 2,000,000 KES, finding no evidence of intent to abscond or fraud in the marriage certificate annexed.
Issues
The court considered whether to release Gino Dicaprio's British passport, which was deposited in court, to allow him access to identification and financial accounts. The applicant argued he has no other ID and faces financial hardship without the passport, while the opposition claimed he entered Kenya on a holiday visa and his abode is unverified. The court ruled to release the passport if a second Kenyan surety of Ksh. 2 million is provided.
Holdings
The court reviewed and varied the order to deposit the passport, releasing it to the applicant on the condition that he furnishes a second Kenyan surety of Ksh. 2 Million.
Remedies
The court has reviewed and varied the order to deposit the passport, releasing it to the applicant provided he furnishes a second Kenyan surety of Ksh. 2 Million.
Legal Principles
The court applied the principle of burden of proof, determining that the respondent failed to provide sufficient evidence to justify retaining the applicant's passport. The applicant demonstrated no intent to abscond through his marital ties and financial commitments, shifting the evidentiary responsibility to the state.
Judge Name
M. Muya
Passage Text
- The salient grounds are that the applicant has no other document of identification except his passport and further that he is experiencing financial difficulties as he cannot access any of his accounts without presentation of his passport.
- The application is opposed on the grounds that the passport indicates that he had come to Kenya on Holiday. His place of abode is not shown.
- The order to deposit the passport is reviewed and varied to the extent that the passport so deposited be released to him on the condition that he furnishes a second Kenyan surety of Ksh. 2 Million.