[2018] KEHC 3611 (KLR)
The court found that the trial magistrate properly exercised her jurisdiction in denying the applicant bond. The applicant had previously failed to attend court for an extended period after being released on bond in an earlier case, which justified concerns about his likelihood to abscond. The trial court's orders...
Source-derived case information.
- Citation
- [2018] KEHC 3611 (KLR)
- Parties
- Applicant: Douglas Mwiti M’Muga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 307 of 2017
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Legal Topics
- Bond Denial, Revision Jurisdiction, Compelling Reasons, Social Inquiry Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Mwiti M’Muga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the trial magistrate erred in denying the applicant bond without sufficient compelling reasons.
- 2 Whether the trial court failed to consider the Social Inquiry Report and information from the Investigating Officer and Assistant Chief.
- 3 Whether the trial court's orders were legal and constitutional.
Ratio Decidendi
The court found that the trial magistrate properly exercised her jurisdiction in denying the applicant bond. The applicant had previously failed to attend court for an extended period after being released on bond in an earlier case, which justified concerns about his likelihood to abscond. The trial court's orders were found to be legal and constitutional, and the applicant failed to provide sufficient evidence to challenge the trial court's findings or to demonstrate that the Social Inquiry Report and other relevant information were disregarded. The application for revision was therefore disallowed.
Court Disposition
application dismissed
Orders
- The application to revise the trial court's orders is disallowed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL REV. NO. 307 OF 2018
DOUGLAS MWITI M’MUGA................................................APPLICANT VS
REPUBLIC..................................................................................RESPONDENT
RULING
Douglas Mwiti M’Muga applied that the court revises the order of the trial magistrate in Meru C.M.C Cr. C. No. 1173 of 2018 for reasons that there exists no compelling reasons to warrant the applicant being denied bond and that the trial magistrate based her decision to deny bond on remote matters and didn’t consider the Social Inquiry Report and Information from Investigating Officer and Assistant Chief of the area.
The applicant was released on bond of Kshs 500,000/= in CR.C No. 1716 of 2013 on 2nd December 2013 and from the record in this particular file from 10th August 2015 he didn’t attend court until on 21. 3.2017 when charge of obtaining money by false pretences was withdrawn. The court however made an order that the title deed should not be released until the surety avails the accused.
Accused was arrested on 13. 6.2018 and arraigned in court on 13. 6.2018 after fresh charge was instituted.
I have perused both CR.C No. 1716 of 2013 and 1173 of 2015 as well as the applicants grounds for seeking that the trial courts orders be revised but I do find that the trial court properly exercised its jurisdiction to deny the applicant bond.
The orders made are legal according to the law and the constitution. The applicant ought to have cause veronica – paragraphs 16 and CPL Nyagah to swear affidavits and confirm his averments that he visited the registry several times and found his file missing or that the made inquiries about the status of his case. The application to revise orders is disallowed.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 2ND DAY OF AUGUST 2018.
IN THE PRESENCE OF:
C/A:-Penina
Applicant:-Mr Ondari Advocate Holding Brief for Kaimenyi
Respondent:- MS Muaga holding brief for Ndubi for Applicant
Mrs Mwathi for Respondent
HON. A.ONG’INJO
JUDGE