[2012] KEHC 2854 (KLR)
The court found that although the applicant cited medical grounds for reinstatement of bond, his previous conduct—specifically absconding after being granted bond—demonstrated a high likelihood of absconding again if released. The court emphasized that the trial was ongoing and the applicant would soon know the...
Source-derived case information.
- Citation
- [2012] KEHC 2854 (KLR)
- Parties
- Applicant: Charles Munene Kamau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 23 of 2012
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Reinstatement of Bond
- Outcome
- application dismissed
- Legal Topics
- Bail and Bond, Absconding, Medical Grounds for Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Munene Kamau
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Reinstatement of Bond
Legal Issues
- 1 Whether the applicant's bond should be reinstated after cancellation due to absconding.
- 2 Whether the applicant's medical condition justifies reinstatement of bond.
Ratio Decidendi
The court found that although the applicant cited medical grounds for reinstatement of bond, his previous conduct—specifically absconding after being granted bond—demonstrated a high likelihood of absconding again if released. The court emphasized that the trial was ongoing and the applicant would soon know the outcome. The risk to the administration of justice outweighed the applicant's medical concerns, and therefore, the application for reinstatement of bond was declined.
Court Disposition
application dismissed
Orders
- The application for reinstatement of bond is declined.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA ATNYERI
MISCELLANEOUS CRIMINAL APPLICATION 23 OF 2012
CHARLES MUNENE KAMAU….………..…......……………….APPLICANT
Versus
REPUBLIC…………………………………………………….RESPONDENT
RULING
The applicant CHARLES MUNENE KAMAU has appeared before this court for an order that the bond be reinstated upon terms that the court deems fit.
His main ground is that he is asthmatic and therefore gets acute attacks on frequent basis and that the medication he is getting is not adequate from the prison clinics.
The history of the matter is that the applicant had been granted bond of Ksh. 600,000/- with a surety of similar amount but some how along the line the applicant absconded thereby leading to his bond being cancelled.
I have looked at the evidence present before me and note that they were presented before the Chief Magistrate who rejected them. Whereas the applicant has stated that he is willing to abide by the terms of bond I note that his conduct shows that he is a man who is likely to abscond should he be released on bond.
The trial has taken off and is scheduled to proceed today at 2. 30 p.m. I am therefore of the opinion that the applicant will soon know his fate.
I therefore decline to grant the orders sought.
Dated and delivered at Nyeri this 30th day of July 2012.
J. WAKIAGA
JUDGE