[2024] KEHC 1942 (KLR)
The court found that the mention notice for the hearing on 7th December 2023 was not served on the accused or his advocate. The absence of the accused was therefore not deliberate or attributable to him. The issuance of a warrant of arrest and cancellation of bail in these circumstances was procedurally unfair and...
Source-derived case information.
- Citation
- [2024] KEHC 1942 (KLR)
- Parties
- Applicant: Dennis Bwamu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2023
- Procedural Posture
- Criminal Case / Ruling on Application to Reinstate Bail
- Outcome
- application allowed
- Judges
- DR Kavedza
- Legal Topics
- Bail Cancellation, Warrant of Arrest, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Bwamu
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Application to Reinstate Bail
Legal Issues
- 1 Whether the cancellation of the applicant's bail and issuance of a warrant of arrest was justified in the absence of proper notice to the accused or their advocate.
- 2 Whether the bail terms should be reinstated given the procedural lapse.
Ratio Decidendi
The court found that the mention notice for the hearing on 7th December 2023 was not served on the accused or his advocate. The absence of the accused was therefore not deliberate or attributable to him. The issuance of a warrant of arrest and cancellation of bail in these circumstances was procedurally unfair and contrary to the principles of natural justice. The court held that the orders issued on 7th December 2023 should be vacated and the applicant's bail terms reinstated, as the failure to attend court was not the applicant's fault but resulted from a failure of notification by the court registry.
Court Disposition
application allowed
Orders
- The orders issued on 7th December 2023 cancelling the applicant's bail and issuing a warrant of arrest are vacated.
- The applicant's previous bail terms are reinstated.
Full Case Text
Judgment text and source record
19 paragraphs
Bwamu v Republic (Criminal Case 42 of 2023) [2024] KEHC 1942 (KLR) (27 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1942 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Case 42 of 2023
DR Kavedza, J
February 27, 2024
Between
Dennis Bwamu
Applicant
and
Republic
Respondent
Ruling
1. The applicant filed a notice of motion dated 14th February 2024 supported by an affidavit of similar date sworn by the applicant. In his application, he prayed that this court sets aside the orders issued on 7th December 2023 cancelling his bail/bond terms. He urged the court to reinstate the bail terms previously imposed.
2. I have perused the record, and note that on 28th September 2022, Bwonong’a J (now rtd) who was hearing the matter directed that the matter would be heard on 6th, 7th and 8th March 2023. On 23rd October 2023, following the establishment of Kibera High Court, the Presiding Judge Criminal Division directed that the matter be transferred to Kibera High Court. On 31st October 2023, the matter was mentioned before the Deputy Registrar in the absence of the accused. The Deputy Registrar directed that a mention notice be issued to the accused’s advocate.
3. Upon examining the court file, I found that the mention notice was not sent to the accused or their advocate. Nevertheless, the matter was mentioned on December 7, 2023, as directed by the Deputy Registrar. As a result of theior absence, a warrant of arrest was issued. This oversight is not the fault of the accused. They were not informed of the court’s appearance.
4. The upshot of the above is that I vacate the orders issued on 7th December 2023 issuing a warrant of arrest and cancelling the applicant’s bail. The bail terms are hereby reinstated. Consequently, I direct that the matter to be mentioned virtually on 14th March 2024. Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 27TH DAY OF FEBRUARY 2024. ......................D. KAVEDZAJUDGE