[2018] KEHC 9968 (KLR)
The court found that although the applicant had previously absconded and was on the run for three years, the offence charged was minor (malicious damage to property involving chairs and glasses), and the applicant had already spent nine months in remand. The court held that these factors, combined with the provision...
Source-derived case information.
- Citation
- [2018] KEHC 9968 (KLR)
- Parties
- Applicant: David Ngugi Nganga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 540 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Bail Application
- Outcome
- Bail granted; previous order denying bail set aside.
- Legal Topics
- Bail Application, Malicious Damage to Property, Flight Risk, Remand Period
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ngugi Nganga
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bail Application
Legal Issues
- 1 Whether the applicant should be granted bail pending trial despite being on the run for three years.
- 2 Whether the period spent in remand and the minor nature of the offence justify granting bail with surety.
Ratio Decidendi
The court found that although the applicant had previously absconded and was on the run for three years, the offence charged was minor (malicious damage to property involving chairs and glasses), and the applicant had already spent nine months in remand. The court held that these factors, combined with the provision of a surety bond, would sufficiently mitigate the risk of flight. Therefore, the denial of bail by the trial magistrate was set aside and substituted with an order admitting the applicant to bond with surety.
Court Disposition
Bail granted; previous order denying bail set aside.
Orders
- The order of the trial magistrate denying bail is set aside.
- The applicant is admitted to a bond of Kshs. 50,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APP. NO. 540 OF 2018
DAVID NGUGI NGANGA...................APPLICANT
VERSUS
REPUBLIC........................................RESPONDENT
RULING
1. It is clear that for three years, the Appellant had been on the run. Although he may have reconciled with the complainant, he knew he was required to take plea and so his failure to go to court was inexcusable.
2. He is facing a minor offence of malicious damage to property; the property being some chairs and glasses. The court ought to have considered that he has been in remand for nine months and that other than a cash bail, a surety bond is sufficient to secure his attendance. This would fetter the fact of his being a flight risk.
3. In the circumstances, I set aside the order of the learned trial magistrate Hon. Mutuku, SRM issued on 21/1/2018 denying bail to the applicant. I substitute it with an order that the applicant is admitted to a bond of Kshs. 50,000/= with one surety of a similar amount. The surety shall be assessed by the trial court.
DATED and DELIVERED this 13th day ofNovember, 2018
G.W. NGENYE-MACHARIA
JUDGE
In the presence of;
1. Njau for the Applicant
2. M/s for the Respondent.