[1998] KEHC 130 (KLR)
The court found that the applicant's failure to appear in court, which led to the cancellation of his bail, was justified by his illness and supported by a medical card. The court determined that the application had merit and that the applicant should not be penalized for circumstances beyond his control....
Source-derived case information.
- Citation
- [1998] KEHC 130 (KLR)
- Parties
- Applicant: Cyrus Nyaga Kabute; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 213 of 1998
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Chamber Summons for Reinstatement of Bail and Stay of Proceedings
- Outcome
- application allowed
- Legal Topics
- Bail Cancellation, Reinstatement of Bail, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cyrus Nyaga Kabute
Applicant
The Attorney General
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Chamber Summons for Reinstatement of Bail and Stay of Proceedings
Legal Issues
- 1 Whether the applicant's bail, cancelled due to non-appearance, should be reinstated.
- 2 Whether proceedings in Criminal Case No. 406 of 1994 should be stayed pending determination of Miscellaneous Application No. 46 of 1998.
Ratio Decidendi
The court found that the applicant's failure to appear in court, which led to the cancellation of his bail, was justified by his illness and supported by a medical card. The court determined that the application had merit and that the applicant should not be penalized for circumstances beyond his control. Consequently, the court exercised its discretion to reinstate the applicant's bail on similar terms and to stay the proceedings in the lower court until the related application before the High Court in Nyeri was heard and determined. This approach was taken to ensure fairness and to prevent prejudice to the applicant while the related matter was pending.
Court Disposition
application allowed
Orders
- The applicant's bail is reinstated on similar terms.
- Stay of proceedings in Criminal Case No. 406 of 1994 in Kerugoya Court until Miscellaneous Application No. 46 of 1998 before the High Court Nyeri is heard and determined.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISC. CRIMINAL APPLICATION NO. 213 OF 1998
CYRUS NYAGA KABUTE........................................APPLICANT Versus THE ATTORNEY GENERAL.....................................RESPONDENT
Coram: Osiemo J. Mr. Mugu for applicant Mr. O’miera respondent for the State Mr. Onduma -Court Clerk
RULING
This application by way of Chamber Summons seeks orders that the applicants bail which was cancelled on 29-9-98 in Criminal Case No. 406 of 1994 now pending before Senior Resident Magistrate, Kerugoya be reinstated. The applicant also prays for stay of proceedings until Miscellaneous Application No. 46 of 1998 now pending before the High Court, Nyeri is heard and determined. The application is supported by sworn affidavit of the applicant.
The lower court proceeding were not made available as the applicant had difficult in obtaining them.
I have considered the application, the affidavit in support as well as the submissions by both the counsel for the applicant and the Learned State Counsel and it can’t be said that this application is lacking in merit.
When the applicant failed to appear in court for the mention of his case, which led to the cancellation of his bail, he had gone to see a doctor and he produced a medical card to support his claim.
I allow the application and order that his bail be reinstated on similar terms. I also order stay of proceeding in Criminal Case No. 406 of 1994 in Kerugoya Court until the application No. 46 of 1998 now pending before the High Court Nyeri is heard and determined.
Orders accordingly.
Dated and delivered in Nairobi this 16th day of June, 1998.
J.L.A. OSIEMO
JUDGE