[2024] KEHC 9178 (KLR)
The court dismissed the application for review of bail/bond terms on the basis that neither the applicant nor her counsel attended the hearing, and there was no prosecution of the application. The absence of the parties indicated a lack of interest in pursuing the matter, justifying dismissal for want of prosecution.
Source-derived case information.
- Citation
- [2024] KEHC 9178 (KLR)
- Parties
- Applicant: Cynthia Akinyi Akonde; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E076 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Review of Bail/bond Terms
- Outcome
- application dismissed for non-attendance and want of prosecution
- Judges
- DR Kavedza
- Legal Topics
- Bail Review, Bond Terms, Criminal Procedure, Non Attendance, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cynthia Akinyi Akonde
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Review of Bail/bond Terms
Legal Issues
- 1 Whether the application for review of bail/bond terms should be entertained in the absence of the applicant and her counsel.
- 2 Whether non-attendance by the applicant and her counsel warrants dismissal of the application for want of prosecution.
Ratio Decidendi
The court dismissed the application for review of bail/bond terms on the basis that neither the applicant nor her counsel attended the hearing, and there was no prosecution of the application. The absence of the parties indicated a lack of interest in pursuing the matter, justifying dismissal for want of prosecution.
Court Disposition
application dismissed for non-attendance and want of prosecution
Orders
- The application is dismissed for non-attendance and want of prosecution.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Akonde v Republic (Criminal Miscellaneous Application E076 of 2024) [2024] KEHC 9178 (KLR) (30 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9178 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Miscellaneous Application E076 of 2024
DR Kavedza, J
July 30, 2024
Between
Cynthia Akinyi Akonde
Applicant
and
Republic
Respondent
Ruling
1. The applicant filed a notice of motion application dated 6th June 2024 and a supporting affidavit of even date seeking a review of the bail/bond terms imposed by the trial court in JKIA MCCR E021 of 2021 Republic vs Cynthia Akinyi Akonde.
2. This matter came up for mention for directions on 30th July 2024 pursuant to the orders dated 20th June 2024.
3. The lower court file was submitted to the court as directed but both the applicant and her counsel were not present.
4. I accordingly dismiss the application for non-attendance and want of prosecution.
5. File closed.
RULING DATED AND DELIVERED THIS 30TH DAY OF JULY 2024D. KAVEDZAJUDGE