[2008] KEHC 3966 (KLR)
The court found that the applicant was not afforded a fair opportunity to show cause before the orders of forfeiture and cancellation of bail were made, which contravenes the principles of natural justice and the right to a fair hearing. Furthermore, the court determined that the three criminal cases involved...
Source-derived case information.
- Citation
- [2008] KEHC 3966 (KLR)
- Parties
- Applicant: David Kabiru Kahara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 401 of 2008
- Procedural Posture
- Criminal Application / Ruling on Chamber Summons for Bail Forfeiture and Consolidation
- Outcome
- application allowed
- Judges
- JB Ojwang
- Legal Topics
- Bail Forfeiture, Consolidation of Criminal Cases, Right to Fair Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kabiru Kahara
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Chamber Summons for Bail Forfeiture and Consolidation
Legal Issues
- 1 Whether the applicant was denied a fair opportunity to show cause before forfeiture and cancellation of bail.
- 2 Whether the three criminal cases should be consolidated for convenience and efficiency.
Ratio Decidendi
The court found that the applicant was not afforded a fair opportunity to show cause before the orders of forfeiture and cancellation of bail were made, which contravenes the principles of natural justice and the right to a fair hearing. Furthermore, the court determined that the three criminal cases involved similar or related transactions, making consolidation appropriate for the sake of convenience, efficiency, and effectiveness in the trial process. Accordingly, the court quashed the orders of forfeiture, reinstated the original bail/bond terms, ordered consolidation of the cases, and directed that any excess cash bail paid be refunded to the applicant.
Court Disposition
application allowed
Orders
- Orders of forfeiture of cash bail in Crim. Case No. 690 of 2008 and No. 724 of 2008 are quashed and vacated.
- Bail/bond terms originally granted to the applicant are reinstated.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
(CORAM: OJWANG, J.)
CRIMINAL APPLICATION NO. 401 OF 2008
DAVID KABIRU KAHARA………………………………...APPLICANT
-VERSUS-
REPUBLIC…………………...……………….……….……RESPONDENT
RULING
This Court has considered the applicant’s Chamber Summons application of 16th July, 2008 as supported by the affidavit attached; and has heard the submissions of the applicant and of counsel for the respondent.
Counsel has not contested the application – and has brought out the fact that the learned Magistrate had ordered forfeiture of bail without providing the applicant with the fair opportunity to show cause. Similarly the trial Court had ordered cancellation of bail without a fair opportunity for an explanation by the applicant.
I am in agreement with learned counsel that the three sets of criminal cases are concerned with very similar or related transactions, and the question of convenience, efficiency and effectiveness in the conduct of trial, eminently dictates that consolidation be effected.
Consequently I now order as follows:
The orders of forfeiture of cash bail in Crim. Case No. 690 of 2008 and No.724 of 2008 are hereby quashed and vacated.
The bail/bond terms originally granted the applicant are hereby reinstated.
The three criminal cases, namely Crim. Case No. 645 of 2008, No.690 of 2008 and 724 of 2008 are hereby consolidated, and an amended charge sheet shall set them out as specific counts in one criminal case; and on that basis the trial shall proceed according to law.
Upon consolidation, the applicant shall enjoy bail terms, this being in the sum of Kshs.100,000/=.
The balance of such moneys as the applicant may have paid as cash bail, over and above the said sum of Kshs.100,000/=, shall be refunded to him.
This matter be listed for mention before the Principal Deputy Registrar on 22/9/08.
Orders accordingly.
DATED this 16th day of September, 2008.
J.B. OJWANG
JUDGE