Songa v Republic (Miscellaneous Criminal Application E177 of 2024) [2026] KEHC 9722 (KLR) (26 June 2026) (Ruling)
The application for reinstatement of bond had been overtaken by events because the trial court had already dismissed the criminal case and acquitted the applicant under section 210 of the Criminal Procedure Code; the matter was therefore no longer live and the application was struck out.
Source-derived case information.
- Citation
- [2026] KEHC 9722 (KLR)
- Parties
- Applicant: JOHN MAGATI SONGA; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E177 of 2024
- Procedural Posture
- Miscellaneous Criminal Application for Reinstatement of Bond / Ruling on Application
- Outcome
- Application struck out.
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Reinstatement of Bond, Application Overtaken by Events, Acquittal Under Section 210 Criminal Procedure Code, Striking Out of Spent Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
JOHN MAGATI SONGA
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application for Reinstatement of Bond / Ruling on Application
Legal Issues
- 1 Whether the application for reinstatement of bond remained alive after the trial court acquitted the applicant.
- 2 Whether the High Court should grant any relief where the underlying criminal case had already been dismissed and the applicant acquitted.
Ratio Decidendi
The application for reinstatement of bond had been overtaken by events because the trial court had already dismissed the criminal case and acquitted the applicant under section 210 of the Criminal Procedure Code; the matter was therefore no longer live and the application was struck out.
Court Disposition
Application struck out.
Orders
- The miscellaneous criminal application for reinstatement of bond is struck out.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISII** **MISCELLANEOUS CRIMINAL APPLICATION NO. E177 OF 2024** **JOHN MAGATI SONGA……………………………………..APPLICANT** **=VERSUS=** **REPUBLIC…………………..………………….....................RESPONDENT** **RULING** 1. This is an Application for reinstatement of bond at Ogembo Law Courts where the Applicant was an Accused in OGEMBO PM’S COURT CRIMINAL CASE NO. E8254 OF 2021. 2. In which he was charged with the offence of Obtaining by False Pretence contrary to Section 313 of the Penal Code (CAP 63 Laws of Kenya). The trial court had cancelled his bond. 3. Aggrieved by that decision, the Applicant filed this Application. The same was made on 17th December 2024 when he was in remand at KISII GK PRISON. 4. I have perused the original file of the trial court, and noted that the case proceeded to hearing and was eventually dismissed, and the Applicant acquitted under Section 210 of the Criminal Procedure Code (CAP 75 Laws of Kenya). That was on 9th April 2025. 5. I therefore find that this Application was overtaken by events. That could explain the reason why the Applicant is not here today to prosecute this Application. As the matter is no longer live. 6. For that reason, this Application is hereby struck out accordingly. **DATED and DELIVERED at KISII on this 26th June 2026.** **PROF (DR) NIXON SIFUNA** **JUDGE**