[2019] KEHC 2475 (KLR)
The court found that the offences in both cases are similar, are being investigated by the same police station, and that the mobilization of witnesses is facilitated by this fact. The court also noted the significant delay in the hearing of both cases, with one case not having commenced since 2016 and only one...
Source-derived case information.
- Citation
- [2019] KEHC 2475 (KLR)
- Parties
- Applicant: Dennis Macharia Nderitu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 92 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Bond Terms, Case Consolidation, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Macharia Nderitu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the bond terms in Makadara Criminal Case Nos. 2439 of 2016 and 2391 of 2016 should be consolidated for the Applicant.
- 2 Whether the delay in hearing the cases amounts to injustice to the Applicant.
Ratio Decidendi
The court found that the offences in both cases are similar, are being investigated by the same police station, and that the mobilization of witnesses is facilitated by this fact. The court also noted the significant delay in the hearing of both cases, with one case not having commenced since 2016 and only one witness having testified in the other. The court held that this delay constitutes a great injustice to the Applicant. Consequently, the court ordered that the Applicant post a single bond of Kshs. 500,000 with one surety of a similar amount for both files, with the surety to be assessed by Court No. 2. The court further directed that the surety approval documents be filed in both...
Court Disposition
application allowed
Orders
- The Applicant shall post a bond of Kshs. 500,000 with one surety of a similar amount for both files.
- The surety shall be assessed by Court No. 2.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
AT THE HIGH COURT IN NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APPL. NO. 92 OF 2017
DENNIS MACHARIA NDERITU..................APPLICANT
VERSUS
REPUBLIC...................................................RESPONDENT
RULING
1. I have considered the respective submissions. The Applicant seeks a consolidation of bond terms in Makadara Criminal Case Nos. 2439 of 2016 and 2391 of 2016. The court called for the two file and has perused them.
2. They both are being heard by courts 2 and 3. The offences are similar and are being investigated by one Police Station, Embakasi. Hence, mobilization of witnesses is easy. I have also noted Criminal Case No. 2439 of 2016 has not taken off since 2016 and only one witness in Criminal Case No. 2491 of 2016 has testified. This is a great injustice on the part of the Applicant. I therefore order that the Applicant posts a bond of Kshs. 500,000/= with one surety of a similar amount for both files. The surety shall be assessed by Court No. 2.
3. Further, the surety approval documents shall be filed in both files for purposes of reference and tracking the surety.
Dated and delivered this 26th day of September, 2019
G.W. NGENYE-MACHARIA
JUDGE