[2015] KEHC 3116 (KLR)
The court found that the applicant had previously been granted bond but abused the facility by absconding, for which he was punished. There was no irregularity or illegality in the trial magistrate's order denying bond, as the applicant failed to adhere to bond conditions and provided no proper evidence that he...
Source-derived case information.
- Citation
- [2015] KEHC 3116 (KLR)
- Parties
- Applicant: Ali Mzee Ali; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 76 of 2015
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Bond Order
- Outcome
- application rejected
- Judges
- GO Shikwe
- Legal Topics
- Bail and Bond, Revision Jurisdiction, False Pretences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ali Mzee Ali
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Bond Order
Legal Issues
- 1 Whether the trial magistrate's order denying bond to the applicant was irregular, illegal, or improper.
- 2 Whether the applicant is entitled to a revision of the order denying him bond after absconding.
Ratio Decidendi
The court found that the applicant had previously been granted bond but abused the facility by absconding, for which he was punished. There was no irregularity or illegality in the trial magistrate's order denying bond, as the applicant failed to adhere to bond conditions and provided no proper evidence that he would comply if released. The application for revision lacked merit and was therefore rejected.
Court Disposition
application rejected
Orders
- The application for revision is rejected.
- The original file to be released back to the trial magistrate as it has a hearing date for 1st September, 2015.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL REVISION NO. 76 OF 2015
(From the Original Conviction and Sentence in Criminal Case No. 416 of 2012 of Senior Resident Magistrate's Court at Shanzu – Hon. Ombura - SRM)
ALI MZEE ALI.....................................APPLICANT
VERSUS
REPUBLIC......................................RESPONDENT
RULING
The Applicant Mzee Ali Mzee was jointly charged with one Anwar Ibrahim for the offence of obtaining by false pretences contrary to section 313 of the Penal Code.
The particulars being that :-
“On the 12th day of December, 2012 at Mtwapa-Kilifi County, with intent to defraud obtained from Eva Wanjiru Wachira the sum of Ksh. 300,000/= by falsely pretending that they were selling a motor vehicle to the said Eva Wanjiru Wachira a fact which was not true”.
It is contended that the applicant jumped bail and was later Sentenced to six (6)months imprisonment. Thereafter he was remanded in custody till the hearing and determination of the case. He now wishes the order dated 17th June, 2014 to be revised.
The powers of revision are provided for under section 362 of the Criminal Procedure Code thus:-
“The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings of any such subordinate Court.”
The applicant was duly granted bond. He abused that facility by absconding and for which he was punished. He claims to have reformed while in prison.
I find nothing irregular and or illegal in the orders granted by the trial magistrate. The applicant did not adhere to the conditions of bond. There is no proper evidence that he will adhere if now released on bond.
The application has no merit and is rejected.
The original file to be released back to the trial magistrate as it has a hearing date for 1st September, 2015.
Ruling delivered, dated and signed this 24th day of August, 2015.
…..............
M. MUYA
JUDGE
24TH AUGUST, 2015
In open Court in the presence of:-
Prosecution Mr. Jami
Counsel for the applicant Mr. Kisa
M. MUYA - JUDGE