[2013] KEHC 3914 (KLR)
The High Court declined to grant the application for bond or bail on the basis that the applicants had not exhausted their remedies before the Chief Magistrate's Court. The court held that the applicants should first renew their application for bond before the trial court, and only if dissatisfied with the outcome,...
Source-derived case information.
- Citation
- [2013] KEHC 3914 (KLR)
- Parties
- Applicant: David Murima Mwai; Applicant: David Mulolo Wambua; Applicant: Newton Olwende Augo; Applicant: Gitonga Mauta; Applicant: Andrew Joab Nyamia; Applicant: Peter Njino Kimani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 28 of 2013
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Bond/bail
- Outcome
- application dismissed without prejudice to renewal before the Chief Magistrate's Court
- Judges
- GO Shikwe
- Legal Topics
- Bail and Bond, Pretrial Detention, Exhaustion of Remedies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Murima Mwai
Applicant
David Mulolo Wambua
Applicant
Newton Olwende Augo
Applicant
Gitonga Mauta
Applicant
Andrew Joab Nyamia
Applicant
Peter Njino Kimani
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Bond/bail
Legal Issues
- 1 Whether the applicants are entitled to bond or bail at this stage of proceedings.
- 2 Whether the applicants have exhausted legal remedies before the Chief Magistrate's Court.
Ratio Decidendi
The High Court declined to grant the application for bond or bail on the basis that the applicants had not exhausted their remedies before the Chief Magistrate's Court. The court held that the applicants should first renew their application for bond before the trial court, and only if dissatisfied with the outcome, should they appeal to the High Court. The court emphasized the principle of exhaustion of remedies and the hierarchical structure of the court system in handling bail applications.
Court Disposition
application dismissed without prejudice to renewal before the Chief Magistrate's Court
Orders
- Applicants to renew their application for bond at the Chief Magistrate's Court.
- Mention before the Chief Magistrate on 12th April, 2013.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Miscellaneous Criminal Application 28 of 2013
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1. DAVID MURIMA MWAI
2. DAVID MULOLO WAMBUA
3. NEWTON OLWENDE AUGO
4. GITONGA MAUTA
5. ANDREW JOAB NYAMIA
6. PETER NJINO KIMANI ………………...………….…. APPLICANTS
- Versus -
REPUBLIC ………………………………… ……….… RESPONDENT
RULING
This is an application for bond/bail brought under Section 123(3) of the Criminal Procedure Code and Article 49(1)(l) of the Constitution.
The Applicants were arrested on 1st March 2013 and arraigned in Court on 5th March 2013. They were jointly charged in Criminal Case No. 625/2013. David Murima Mwai the 1st accused in Criminal Case No. 625/2013 was separately and singularly charged in Criminal Case No. 626 of 2013 before the Chief Magistrate Mombasa.
On 19th March 2013 the Chief Magistrate ordered that the Applicants would be tried while in custody and the case was listed for mention on 28th March 2013.
A perusal of the Ruling of the Chief Magistrate indicates that though bond was denied on 19th March 2013 it was alluded that the matter would be revisited later. The Court was informed that a mention had been set for 4th April 2013. This Court is not aware of what transpired on 4th April 2013.
I do not think that the Applicants have exhausted their legal remedies before the Chief Magistrate’s Court. The Applicants are advised to renew their application for bond at the Chief Magistrate’s Court. In the event, they are not satisfied with his Ruling they are at liberty to appeal against his decision
Ruling read and delivered in open Court this 10th day of April, 2013.
M. MUYA
JUDGE
In the presence of:-
State Counsel
Mr. Asige – Counsel for the Accused
Court clerk – Mr. Philip
COURT
Mention before the Chief Magistrate on 12th April, 2013.
M. MUYA
JUDGE