[2017] KEHC 4027 (KLR)
The High Court found that the trial court erred in both suspending and cancelling the accused's bail and bond terms without sufficient basis. The accused was not present when the ruling on case to answer was delivered, and subsequent proceedings, including the issuance of a warrant of arrest and cancellation of...
Source-derived case information.
- Citation
- [2017] KEHC 4027 (KLR)
- Parties
- Applicant: Benson Kiprop Cheburet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 66 of 2017
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application to Reinstate Bail
- Outcome
- application allowed; bail reinstated
- Judges
- EM Muriithi
- Legal Topics
- Bail Reinstatement, Bond Cancellation, Absconding Accused, Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Kiprop Cheburet
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Reinstate Bail
Legal Issues
- 1 Whether the accused had absconded court proceedings as previously found by the trial court.
- 2 Whether the suspension and subsequent cancellation of the accused's bail and bond terms by the trial court was proper and fair.
Ratio Decidendi
The High Court found that the trial court erred in both suspending and cancelling the accused's bail and bond terms without sufficient basis. The accused was not present when the ruling on case to answer was delivered, and subsequent proceedings, including the issuance of a warrant of arrest and cancellation of bond, occurred without proper notice or evidence that the accused had willfully absconded. The court emphasized that fairness and due process require that adverse orders affecting an accused's liberty be made only after proper notice and opportunity to be heard. As such, the High Court reinstated the applicant's bail on the original terms and ordered his immediate release from...
Court Disposition
application allowed; bail reinstated
Orders
- The bail is reinstated on the same terms and security as previously granted and provided by the accused. The accused will be released from custody forthwith.
- The trial court file and original certified copy of the ruling to be returned to Eldama Ravine Law Courts for mention on 28/7/2017.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
MISCLENEOUS CRIMINAL APPLICATION NO 66 OF 2017
BENSON KIPROP CHEBURET………………………………………..APPLICANT
VERSES
REPUBLIC………………………………………………………………..RESPONDENT
RULING
I have perused the court file in this matter. I have noted that the ruling of the court oncase to answer scheduled for 5/12/2016 was not delivered as set but on 14/2/2017 in the absence of the accused. I have also note that the warrant of arrest was issued on 19/4/2017 when the file was brought up in the absence of the accused withoutany notice granted to the prosecution itself observed that the case had no hearing date.
It cannot be correct to find that the accused had absconded as ruled by the court on 29/6/2017 and 14/7/2017 when the issue of the accused’s bond term was considered.
I consider therefore that the trial court was wrong and unfair in suspending the bailfor the accused on 29/6/2017 and subsequently cancelling the bond terms on 14/7/2017.
Orders:
1. Accordingly, the bail is reinstated on the same terms and security as previously granted and provided by the accused. The accused will therefore be releasedfrom custody forthwith.
2. The trial court file and original certified copy of the ruling of the application to be returned to Eldama Ravine Law Courts for Mention on 28/7/2017 as scheduled.
DATED, SIGNED AND DELIVERED AT KABARNET THIS 25TH DAY OF JULY, 2017.
……………………..
EDWARD MURIITHI
JUDGE
Appearance
1. M/S Kiptoon & Co. Advocates
2. Ms. Macharia, Ass. O.D.P.P