[2001] KEHC 330 (KLR)
The court found that since the appellant's son, for whom he stood as surety, had been traced and was now in remand, the purpose of the surety bond had been fulfilled. The appellant had paid the reduced bond amount of KES 10,000, and there was no longer any justification for retaining the title deeds deposited as...
Source-derived case information.
- Citation
- [2001] KEHC 330 (KLR)
- Parties
- Appellant: Harrison Kang’ethe Kamau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 3403 of 1998
- Procedural Posture
- Criminal Appeal / Ruling on Surety Bond and Release of Security
- Outcome
- Bond amount reduced and security released; appellant discharged as surety.
- Legal Topics
- Surety Liability, Bond Forfeiture, Release of Security
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harrison Kang’ethe Kamau
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Surety Bond and Release of Security
Legal Issues
- 1 Whether the appellant, as surety, should continue to be held liable after the principal accused (his son) was traced and arrested.
- 2 Whether the bond amount should be reduced and the securities (title deeds) released to the appellant.
Ratio Decidendi
The court found that since the appellant's son, for whom he stood as surety, had been traced and was now in remand, the purpose of the surety bond had been fulfilled. The appellant had paid the reduced bond amount of KES 10,000, and there was no longer any justification for retaining the title deeds deposited as security. The court exercised its discretion to reduce the bond amount and ordered the release of the title deeds to the appellant, thereby discharging him from further surety obligations in respect of the case.
Court Disposition
Bond amount reduced and security released; appellant discharged as surety.
Orders
- Bond amount reduced to KES 10,000.
- Title deeds deposited by the appellant to be released to him against his signature.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CTRIMINAL APPEAL NO.148 OF 2001
(From original Conviction and Sentence in Criminal Case No.3403 of 1998
of the Senior Resident Magistrate’s Court at Kiambu)
HARRISON KANG’ETHE KAMAU…...APPELLANT V E R S U S REPUBLIC………………………….….RESPONDENT
R U L I N G The appellant stood as a surety for his son pending the trial against the son in the Court below. Later the son disappeared and the appellant was arrested and put in remand and later in prison for the son’s disappearance following the forfeiture of the bond.
I note that the son has since been traced, arrested and is now in remand prison.
The appellant was released on bail pending this appeal about three weeks later.
I reduce the bond amount to Shs.10,000/-. The appellant has the said amount and has paid it just now and issued with a receipt. The two title deeds deposited by the appellant in Kiambu Magistrate’s Court when he stood as surety for his son Patrick Kamau Kangethe who is one of the two accused in Kiambu Resident Magistrate’s Criminal Case No.3403/98 be now released to the appellant against his signature as he is released as the surety.
Dated and delivered at Nairobi this 18th day of June, 2001.
V.V. PATEL
JUDGE