[2010] KEHC 1850 (KLR)
The court found that the appellant failed to comply with the terms of his bail by not attending court on the scheduled dates, leading to the issuance of a warrant of arrest and cancellation of his bond. The appellant's explanation, based on illness and confusion regarding his counsel's change of firm, was not...
Source-derived case information.
- Citation
- [2010] KEHC 1850 (KLR)
- Parties
- Appellant: Charles Nyaga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 210 of 2007
- Procedural Posture
- Criminal Appeal / Ruling on Application for Reinstatement of Bail Pending Appeal
- Outcome
- application for reinstatement of bail pending appeal dismissed
- Legal Topics
- Bail Pending Appeal, Breach of Bail Terms, Grievous Harm, Plea of Guilt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Nyaga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Reinstatement of Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to reinstatement of bail pending appeal after breaching bail terms.
- 2 Whether illness constitutes sufficient ground for reinstatement of bail pending appeal.
Ratio Decidendi
The court found that the appellant failed to comply with the terms of his bail by not attending court on the scheduled dates, leading to the issuance of a warrant of arrest and cancellation of his bond. The appellant's explanation, based on illness and confusion regarding his counsel's change of firm, was not accepted as sufficient justification for his absence. The court held that illness is not, per se, a basis for granting bail pending appeal, especially when the appellant can receive treatment while in custody. Citing the precedent in Dominic Karanja v. Republic, the court concluded that the breach of bail terms by the appellant warranted the refusal to reinstate bail pending appeal.
Court Disposition
application for reinstatement of bail pending appeal dismissed
Orders
- Bail pending appeal will not be reinstated.
- A date for the hearing of the appeal will be given at the reading of this ruling.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU Criminal Appeal 210 of 2007
CHARLES NYAGA ............................................ APPELLANT
VERSUS
REPUBLIC ..................................................... RESPONDENT
RULING
The appellant in this case was convicted on his own plea of guilt to a charge of grievous harm contrary to section 234 of the Penal Code.He was released on bail pending appeal on 12th March 2008. Thereafter, the appeal was fixed for hearing on 14th October 2009. The appellant did not attend court.The appeal was on that date adjourned to 10th December 2009 for mention because it was not clear to the court how the date had been obtained.Learned counsel for the appellant Mr. Mwanzia was present before court.The matter was listed on 10th December 2009 and because the appellant again did not attend court, the court ordered for a warrant of arrest to issue against him.The appellant was arrested on 27th April 2010 and on that day, his bond was canceled.The appellant has made an application seeking to have his bail reinstated on the same terms.The reason the reinstatement is sought is because the appellant is unwell which according to his counsel made him not contact his counsel’s offices and further that his counsel had moved from the firm of advocates Kiautha Arithi thereby confusing the appellant.I have considered the application and I accept the submissions made by the learned counsel for the state that the appellant can receive treatment whilst still in custody.Indeed it is not a basis of granting bail that the applicant is ill perse.See the case Dominic Karanja Vs.Republic [1986] KLR 612. What is clear to this court is that the appellant failed to keep to his bail terms and for that reason, bail pending appeal will not be reinstated.I have noted that this appeal was filed in the year 2007 and I will, at the reading of this ruling, give a date for the hearing of the appeal.
Dated and delivered at Meru this 18th day of June 2010.
MARY KASANGO
JUDGE