[2002] KEHC 345 (KLR)
The court found that the applicant's failure to attend court was not deliberate and was occasioned by factors beyond his control, as evidenced by medical records and an affidavit. The prosecution did not oppose the application, and the court saw no need to impose additional bail terms. The lower court's orders...
Source-derived case information.
- Citation
- [2002] KEHC 345 (KLR)
- Parties
- Applicant: Gichema Gachau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 290 of 2002
- Procedural Posture
- Criminal Application / Ruling on Application for Reinstatement of Bond Pending Appeal
- Outcome
- application allowed
- Judges
- RM Mutitu
- Legal Topics
- Bail Reinstatement, Bond Forfeiture, Failure to Attend Court, Bail Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gichema Gachau
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Reinstatement of Bond Pending Appeal
Legal Issues
- 1 Whether the applicant's bond should be reinstated after cancellation for failure to attend court.
- 2 Whether the applicant's failure to attend court was deliberate or excusable.
- 3 Whether additional or stiffer bail conditions should be imposed upon reinstatement.
Ratio Decidendi
The court found that the applicant's failure to attend court was not deliberate and was occasioned by factors beyond his control, as evidenced by medical records and an affidavit. The prosecution did not oppose the application, and the court saw no need to impose additional bail terms. The lower court's orders forfeiting the bond and committing the applicant to jail were quashed, and the applicant was ordered to be released on his earlier bail terms with a fresh security of Ksh.200,000 to be provided.
Court Disposition
application allowed
Orders
- The accused/applicant is to be released on his earlier bail terms.
- The accused/applicant is to be released from jail where he is serving the 6 months jail term in default of paying Ksh.200,000.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL APPLICATION NO.290 OF 2002
(In the matter of an intended appeal)
Between
GICHEMA GACHAU ……………………………….…… APPLICANT
And
REPUBLIC ……………………………………………… RESPONDENT
(intended appeal from conviction(s) and sentence(s) of the
CHIEF MAGISTRATE’S COURT AT NAIROBI
CRIMINAL CASE NO.1492 OF 2002
Between
REPUBLIC ……………………………………………………… PROSECUTOR
VERSUS
GICHEMA GACHAU …………………………………..…………… ACCUSED
RULING
I have considered the application carefully. This is an application to have the bond of the accused applicant herein one Gichema Gachau reinstated. According to Mr. Wandugi for the applicant/accused the bond was cancelled following the accused’s failure to attend court on 7/2/2002 by Mrs Gichohi a Resident Magistrate. The failure to attend court by the applicant was not deliberate but was occasioned by factors beyond the applicant’s control. Mr. Wandugi annexed an affidavit in support of this.
He has also annexed some medical evidence to show that the accused had been assaulted on the date he was supposed to attend court. Miss Okumu for the Republic did not oppose the application. She however urged the court to impose more stiffer bail conditions on the accused person. I have perused the lower courts record carefully. The accused was ordered to forfeit his bond of Ksh.200,000/- or to serve 6 months imprisonment in default. He was also to remain in custody until his case is finalized. Taking everything into account including the fact that the state is not objecting the present application it is my considered view that this application should succeed. I do not find any need to impose any additional bail terms towards the release of the accused person.
I accordingly order that the accused person/applicant be released on his earlier bail terms accordingly. He will also be released from jail where he is serving the 6 months jail term in default of paying the Kshs.200,000/=. The orders of the lower court to this effect are accordingly quashed.
The accused will be released on his earlier bail terms and his bond extended accordingly. The accused will present himself to the trail court on the next hearing or mention date.
A fresh security of Ksh.200,000/= will be provided.
Order accordingly.
R.M. MUTITU
JUDGE
27/3/2002