[2024] KEHC 2863 (KLR)
The court found that the applicant had not demonstrated any new or important matter, evidence, or sufficient reason that would persuade the court to review its earlier ruling denying bond. The issues raised in the renewed application and supporting affidavits were substantially similar to those previously considered...
Source-derived case information.
- Citation
- [2024] KEHC 2863 (KLR)
- Parties
- Applicant: Director of Public Prosecutions; Respondent: Duncan Muriithi Njagi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E024 of 2023
- Procedural Posture
- Criminal Case / Ruling on Renewed Bond Application
- Outcome
- Bond review application dismissed; accused to remain in custody.
- Judges
- TW Cherere
- Legal Topics
- Bail and Bond, Pretrial Detention, Review of Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director of Public Prosecutions
Applicant
Duncan Muriithi Njagi
Respondent
Procedural Posture
Criminal Case / Ruling on Renewed Bond Application
Legal Issues
- 1 Whether the accused has demonstrated new or important matter or evidence to warrant review of the previous order denying bond.
- 2 Whether there is sufficient reason to review the earlier decision and grant the accused bond.
Ratio Decidendi
The court found that the applicant had not demonstrated any new or important matter, evidence, or sufficient reason that would persuade the court to review its earlier ruling denying bond. The issues raised in the renewed application and supporting affidavits were substantially similar to those previously considered and addressed in the court's detailed ruling of 30th March, 2022. As such, the court saw no basis to depart from its earlier decision, and the accused was ordered to remain in custody during the course of the trial or until the bond order is reviewed upon presentation of new grounds.
Court Disposition
Bond review application dismissed; accused to remain in custody.
Orders
- The application for review of bond terms is dismissed.
- The accused shall remain in custody during the course of the trial or until the order on bond is reviewed.
Full Case Text
Judgment text and source record
23 paragraphs
Director of Public Prosecutions v Njagi (Criminal Case E024 of 2023) [2024] KEHC 2863 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2863 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case E024 of 2023
TW Cherere, J
March 14, 2024
Between
Director of Public Prosecutions
Prosecutor
and
Duncan Muriithi Njagi
Accused
Ruling
1. By an order dated March 30, 2022, this court after hearing both counsel for the prosecution and for the defence ruled that there was sufficient material that raised reasonable apprehension that Accused is not suitable to be released on bond as at now. Accused was given the liberty to renew his application for bond at a later date in the course of the hearing.
2. This matter was fixed for hearing on 19th and September 20, 2023 but come September 19, 2023, the defence counsel without any prior communication to court either before or at the hearing failed to show up and the matter had to be adjourned notwithstanding that the prosecution had lined up 5 witnessed ready for hearing.
3. When counsel for the defence appeared on September 20, 2023, he renewed his application for bond and the matter was fixed for hearing on 04th and December 5, 2023 when this court was not sitting and is now fixed for hearing on 13th and May 14, 2024.
4. I have considered the application dated May 11, 2023, for review of bond terms, supported by Applicant’s affidavit and the affidavits by Dorcas Mukami and Peter Gitonga all sworn on even date and I notice that they raise similar issues as were considered in my ruling dated 30th March, 2022.
5. The replying affidavits opposing the application were sworn by the investigating officer CPL Joshua Sila on 18th September, 2023 and by Rita Rotich, the prosecution counsel on 01st August, 2023 and they likewise raise similar issues as were raised during the hearing of the application that culminated in the ruling dated 30th March, 2022 denying Accused bond.
6. In my said ruing, I explained in great detail the reasons upon which the order denying Accused bond was grounded.
7. Applicant has not demonstrated any new and or important matter or evidence or for any other sufficient reason that would persuade the court to review its early ruling.
8. Consequently, this court reiterates that Accused shall remain in custody during the course of the trial or until the order on bond is reviewed.
DELIVERED AT MERU THIS 14TH DAY OF MARCH, 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneAccused - PresentFor the Accused - Mr. Kaberia AdvocateFor the State - Ms. Rita (PC 1)