[2016] KEHC 8358 (KLR)
The court found that, although the bond terms initially set were commensurate with the offence, there was no evidence to demonstrate that the Applicant was a flight risk. Therefore, the court exercised its discretion to review the bond terms in the Applicant's favour. Regarding the request for transfer of the...
Source-derived case information.
- Citation
- [2016] KEHC 8358 (KLR)
- Parties
- Applicant: Anthony Njunge Muiruri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 345 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Bail Review and Transfer Application
- Outcome
- Bond terms reviewed in favour of the Applicant; application for transfer of case declined.
- Legal Topics
- Bail Terms Review, Transfer of Criminal Case, Flight Risk Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Njunge Muiruri
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bail Review and Transfer Application
Legal Issues
- 1 Whether the bond terms imposed on the Applicant should be reviewed in light of the absence of evidence of flight risk.
- 2 Whether the criminal case should be transferred to another court due to the alleged non-charging of another suspect.
Ratio Decidendi
The court found that, although the bond terms initially set were commensurate with the offence, there was no evidence to demonstrate that the Applicant was a flight risk. Therefore, the court exercised its discretion to review the bond terms in the Applicant's favour. Regarding the request for transfer of the criminal case, the court held that the fact that another suspect had not been charged did not constitute a valid ground for transfer, as the magistrate has no role in the investigation or charging process. The court advised the Applicant to pursue the expeditious hearing of his case before the current court, regardless of the absence of the other suspect.
Court Disposition
Bond terms reviewed in favour of the Applicant; application for transfer of case declined.
Orders
- Applicant admitted to a cash bail of Kshs. 500,000.
- In the alternative, Applicant to deposit a bond of Kshs. 1,000,000 with a surety of a similar amount to be assessed by the trial court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APPLICATION NO. 345 OF 2016
ANTHONY NJUNGE MUIRURI……. APPLICANT
VERSUS
REPUBLIC………………………… RESPONDENT
RULING
I have looked at the charges the Applicant is facing. Although on the face of it the bond terms are commensurate with the offence, since nothing demonstrates that the Applicant is a flight risk, I will rule in his favour.
I shall review the bond terms. I admit him to a cash bail of Kshs. 500,000/=. In the alternative, he shall deposit a bond of Kshs. 1 million with a surety of a similar amount to be assessed by the trial court.
On the transfer of the file from the current trial magistrate, although the lower court record has not been availed, the mere fact that another suspect has not been charged does not constitute a good ground for the transfer of the file. A magistrate plays no contribution to the process of investigation and cannot therefore determine when a suspect should be charged. My advice to the Applicant is to plead with the court that the trial proceeds, the absence of the suspect notwithstanding. Further, he should plead his case and interest of justice on why the trial should not be delayed.
I do accordingly decline to order the transfer of Cr. Case No. 48 of 2016 to another court. It is so ordered.
Dated and Delivered at Nairobi this 23rd November, 2016.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of;
1. Applicant present in person
2. M/s Akuja for the Respondent.