[1998] KEHC 277 (KLR)
The court found that the applicant's absence during the mention was justified as he was in lawful custody at the time. This constituted sufficient reason for his non-appearance, and therefore, the trial magistrate erred in cancelling his bail. The court held that the applicant was entitled to reinstatement of bail...
Source-derived case information.
- Citation
- [1998] KEHC 277 (KLR)
- Parties
- Applicant: Joseph Karobia Kimani; Respondent: Republic of Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 177 of 1998
- Procedural Posture
- Criminal Application / Ruling on Application for Reinstatement of Bail
- Outcome
- application allowed
- Legal Topics
- Bail Reinstatement, Criminal Procedure Code Section 123, Failure to Appear, Lawful Custody, Magistrate Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Karobia Kimani
Applicant
Republic of Kenya
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Reinstatement of Bail
Legal Issues
- 1 Whether the applicant's bail should be reinstated after cancellation by the trial magistrate.
- 2 Whether the applicant's absence during mention was justified by lawful custody.
Ratio Decidendi
The court found that the applicant's absence during the mention was justified as he was in lawful custody at the time. This constituted sufficient reason for his non-appearance, and therefore, the trial magistrate erred in cancelling his bail. The court held that the applicant was entitled to reinstatement of bail on the same terms as previously granted.
Court Disposition
application allowed
Orders
- The applicant's bail is reinstated on similar terms as granted earlier.
Full Case Text
Judgment text and source record
8 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
APPELLATE SIDE
CRIMINAL APPLICATION NO. 177 OF 1998
JOSEPH KAROBIA KIMANI.................................APPLICANTVERSUS REPUBLIC OF KENYA.........................................RESPONDENT RULING
This application by way of Chamber Summons brought under section 123 of the Criminal Procedure Code seeks order that the applicants case which was cancelled by the trial magistrate in KIB/CR. C. NO. 1443 of 1992 be reinstated. Supported by prior affidavit of the applicant.
I have considered the application as well as the affidavit in support and the submissions by counsel for the applicant and the learned state counsel and it can’t be said that this application lacks in merit which the applicant failed to appear in court during the mention he was in lawful custody and this was enough reason for his absence and therefore the trial magistrate ought not to have cancelled his bail.
I allow the application. The applicants bail is reinstated on similar terms as granted earlier. Orders accordingly.
Dated and delivered at Nairobi this 3rd day of June, 1998 J.L.A. OSIEMO JUDGE