[2018] KEHC 9391 (KLR)
The court found that the applicant had provided a satisfactory explanation for his absence from court, and that the forfeiture of the cash bail was not justified in the circumstances. Since the trial case had been withdrawn, there was no lawful basis to retain the cash bail. The court therefore ordered that the cash...
Source-derived case information.
- Citation
- [2018] KEHC 9391 (KLR)
- Parties
- Applicant: Jimmy Mururi Kimani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 362 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application allowed. Cash bail reinstated and refunded.
- Legal Topics
- Bail Forfeiture, Cash Bail Refund, Withdrawal of Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jimmy Mururi Kimani
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the forfeiture of the applicant's cash bail was justified.
- 2 Whether the applicant had good reason for absconding court attendance.
- 3 Whether the cash bail should be reinstated and refunded after withdrawal of the trial case.
Ratio Decidendi
The court found that the applicant had provided a satisfactory explanation for his absence from court, and that the forfeiture of the cash bail was not justified in the circumstances. Since the trial case had been withdrawn, there was no lawful basis to retain the cash bail. The court therefore ordered that the cash bail amounts paid by the applicant be reinstated and refunded to the payee.
Court Disposition
Application allowed. Cash bail reinstated and refunded.
Orders
- The cash bail of Kshs. 80,000 paid vide receipt No. 0416182 dated 6/6/2016 is reinstated and refunded to the payee.
- The cash bail of Kshs. 120,000 paid vide receipt No. 0378926 dated 18/8/2016 is reinstated and refunded to the payee.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CR. APPL. NO. 362 OF 2018
JIMMY MURURI KIMANI.............................................APPLICANT
VERSUS
REPUBLIC ...................................................................RESPONDENT
RULING
Having heard both parties, and upon perusal of the trial court record, I come to the conclusion that the forfeiture of the cash bails was not justified. There was good reason why the applicant absconded himself from court.
I accordingly order that the cash bail of Kshs. 80,000/= paid vide receipt No. 0416182 dated 6/6/2016 and of Kshs. 120,000/= paid vide receipt No. 0378926 dated 18/8/2016 be forthwith reinstated and refunded to the payee. I make an order for refund/released on account that the trial case has been withdrawn.
DATED and DELIVERED this 30thday of July, 2018
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. G. Kamau for the Applicant.
2. M/s Sigei for the Respondent.