[2001] KEHC 25 (KLR)
The court found that the applicant had provided a satisfactory and credible explanation for his absence from court on 24th April, 2001, namely that he was in police custody for another offence during the relevant period. The court accepted the letter from the DCIO Buru Buru as sufficient evidence of the applicant's...
Source-derived case information.
- Citation
- [2001] KEHC 25 (KLR)
- Parties
- Applicant: Angelus Maina Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 412 of 2001
- Procedural Posture
- Criminal Application / Ruling on Application to Reinstate Bond
- Outcome
- application allowed
- Legal Topics
- Bail and Bond, Failure to Appear, Excusable Absence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Angelus Maina Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application to Reinstate Bond
Legal Issues
- 1 Whether the applicant's absence from court on 24th April, 2001 was sufficiently explained to warrant reinstatement of his bond.
- 2 Whether the applicant is entitled to reinstatement of his bond in light of the circumstances of his absence.
Ratio Decidendi
The court found that the applicant had provided a satisfactory and credible explanation for his absence from court on 24th April, 2001, namely that he was in police custody for another offence during the relevant period. The court accepted the letter from the DCIO Buru Buru as sufficient evidence of the applicant's detention. In the absence of opposition from the prosecution, and given the applicant's compliance in presenting supporting documentation, the court exercised its discretion to reinstate the bond. The decision was guided by the principle that a bond should not be forfeited or cancelled where absence is excusable and properly explained to the satisfaction of the court.
Court Disposition
application allowed
Orders
- The applicant's bond of Shs.100,000 and one surety in Kibera Court Criminal Case No.2979 of 2000 is reinstated.
- This ruling to be typed and forwarded to the Senior Principal Magistrate Kibera for noting and filing in Criminal Case No.2979 of 2000.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Criminal Appli 412 of 2001
ANGELUS MAINA MWANGI ……………....................................................…………….. APPLICANT
VERSUS
REPUBLIC ………………………..........................................………………………… RESPONDENT
RULING
Angelus Maina Mwangi (the applicant) seeks in this Chamber Summons filed on 13. 6.2001 to have his court bond, issued in Kibera Principal Magistrate’s Court, Criminal Case No.2979 of 2000, reinstated. He had been released on a bond of Shs.100,000 with one surety of a similar amount. His case was due to be heard on 24th April, 2001 in court No.1 Kibera Law Courts. He was therefore supposed to be in court on that date. However, on the 20th April, 2001, he was arrested for another offence of obtaining money by False Pretences and remained in police custody at Buru Buru Police Station until 7th May, 2001 when he was charged in Criminal Case Nos.9308 of 2001 and 9309/2001 in Makadara Court.
He therefore could not appear in court for the hearing of his case No.2979 of 2000 on the 24th April, 2001. When he eventually appeared in court on 26th May, 2001 for mention of Cr. Case No.2979 of 2000, his court Bond was cancelled.
The applicant has tendered into court a letter dated 6th 2001 from DCIO Buru Buru to show that he was in Police Custody through from 22nd April, 2001 to 25th April, 2001.
I find that the applicant has sufficiently explained his absence from Kibera Law Courts on 24th April, 2001. Besides, the Republic through Mrs. Nyamosi, is not opposing this application.
I accordingly reinstate the applicant’s bond of Shs.100,000 and one surety in Kibera Court Cr. Case No.2979 of 2000 as prayed. This ruling be typed and forwarded to the Senior Principal Magistrate Kibera to note and for filing in Criminal Case No.2979 of 2000.
It is so ordered.
A.G.A. ETYANG’
JUDGE
27. 6.2001