[2018] KEHC 6162 (KLR)
The court found that the respondent's assertions regarding the cessation of police investigations were unsupported by affidavit evidence. As the application was unopposed, and in the absence of any evidence to the contrary, the court exercised its discretion to admit the applicant to a personal bond of Kshs. 20,000...
Source-derived case information.
- Citation
- [2018] KEHC 6162 (KLR)
- Parties
- Applicant: James Mabango Ambundo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 118 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Bail and Bond, Police Investigations, Personal Bond
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mabango Ambundo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant should be admitted to bond pending any appearance in court.
- 2 Whether the applicant should be protected from arrest in relation to the donation of Power of Attorney by Dr. Martin Luther Mark Were.
Ratio Decidendi
The court found that the respondent's assertions regarding the cessation of police investigations were unsupported by affidavit evidence. As the application was unopposed, and in the absence of any evidence to the contrary, the court exercised its discretion to admit the applicant to a personal bond of Kshs. 20,000 pending any appearance in court. Further, to prevent unnecessary arrest in relation to the donation of Power of Attorney by Dr. Martin Luther Mark Were, the court ordered that the applicant shall not be arrested but, if the police decide to charge him, he should be summoned to appear in court to answer to charges.
Court Disposition
application allowed
Orders
- The applicant shall be admitted to a personal bond of Kshs. 20,000 pending any appearance in court.
- The applicant shall not be arrested in relation to the donation of Power of Attorney by Dr. Martin Luther Mark Were; if the police decide to charge him, they shall summon him to appear in court to answer to charges.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APP. NO. 118 OF 2018
JAMES MABANGO AMBUNDO.............APPLICANT
VERSUS
REPUBLIC...............................................RESPONDENT
RULING
The assertion by the Respondent that the police are no longer investigating the Applicant are made from the bar as no affidavit has been sworn to support them.
Hence, the instant application can only be closed if final orders are granted. The court takes that it is unopposed. In the circumstances, I allow the application with the following orders:
a) The Applicant shall be admitted to a personal bond of Kshs. 20,000/= pending any appearance in court.
b) For avoidance of doubt, I order that the applicant shall not be arrested in relation to the matter at hand, being the donation of Power of Attorney by one Doctor Martin Luther Mark Were. Should the police decide to charge him, they shall summon him to appear in court to answer to charges.
DATED and DELIVERED this 16th day of April, 2018
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. Mwangi for the Applicant
2. M/s Sigei for the Respondent