[2017] KEHC 9704 (KLR)
The court held that the applicant may have the original bond terms reinstated if the initial surety presents himself in court and confirms willingness to continue standing surety, provided the court is satisfied as to the surety's identity. If the surety wishes to withdraw, fresh bond or bail terms will apply. The...
Source-derived case information.
- Citation
- [2017] KEHC 9704 (KLR)
- Parties
- Applicant: John Samson Awili Ogejo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 304 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application partially succeeds
- Legal Topics
- Bail and Bond, Surety Obligations, Court Attendance
- 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 Samson Awili Ogejo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to reinstatement of bond terms after previous cancellation due to absence in court.
- 2 Whether the initial surety can continue to stand surety for the applicant despite prior absences.
Ratio Decidendi
The court held that the applicant may have the original bond terms reinstated if the initial surety presents himself in court and confirms willingness to continue standing surety, provided the court is satisfied as to the surety's identity. If the surety wishes to withdraw, fresh bond or bail terms will apply. The decision is grounded on the need for the court to ensure that the surety is aware of the applicant's prior absences and is still willing to undertake the obligations, balancing the applicant's right to bail with the integrity of the judicial process.
Court Disposition
application partially succeeds
Orders
- If the initial surety presents himself in court and confirms willingness to continue, the original bond terms shall stand.
- If the initial surety wishes to withdraw, fresh bond or bail terms shall apply.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CR. APPLICATION NO. 304 OF 2017
JOHN SAMSON AWILI OGEJO.................................APPLICANT
VERSUS
REPUBLIC................................................................RESPONDENT
RULING
From the chronology given by the State, bond was cancelled because the Applicant failed to avail the surety in court so that the court could explain to him that the Applicant had been more than once absent in court.
If, as stated by the Applicant, that the initial surety is still willing to deposit his security for the release of the Applicant, nothing stops the Applicant from availing him to court so that he can state his position. However, the decision he makes must be based on the disclosure that the Applicant has been absenting himself from court attendance.
In view therefore, I direct and order that if the initial surety presents himself in court and he makes it known his willingness to continue standing surety for the Applicant, the original bond terms shall stand. However, if he wishes to withdraw, then the fresh terms of bond/bail shall stand. It is now up to the Applicant to decide whether or not he intends to avail the initial surety. The court shall however have to satisfy itself as to the identity of the person presented to court that he/she is one and the same person as the surety on record.
Accordingly, the application partially succeeds with the orders above. The ruling be served upon the trial court for compliance.
Dated and Delivered at Nairobi this 21st day of November, 2017.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of;
1. Applicant present in person
2. M/s Akuja for the Respondent.