[2019] KEHC 3966 (KLR)
The court found that the Applicant had repeatedly absented himself from court, resulting in the issuance and extension of warrants of arrest. The record did not clearly show any order cancelling the Applicant's bond, and the Applicant failed to provide a precise date or evidence of such cancellation. The High Court...
Source-derived case information.
- Citation
- [2019] KEHC 3966 (KLR)
- Parties
- Applicant: Josephat Muturi Gathenge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 62 of 2018
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Reinstatement of Bond
- Outcome
- Application dismissed; Applicant directed to seek reinstatement of bond before the trial court.
- Judges
- CW Meoli
- Legal Topics
- Bond Cancellation, Obtaining by False Pretences, Criminal Procedure, Failure to Attend Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephat Muturi Gathenge
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Reinstatement of Bond
Legal Issues
- 1 Whether the High Court should reinstate the Applicant's bond in the lower court proceedings.
- 2 Whether the Applicant's repeated absences justify the cancellation or non-reinstatement of bond.
- 3 Whether the trial court's record supports the Applicant's claim of bond cancellation.
Ratio Decidendi
The court found that the Applicant had repeatedly absented himself from court, resulting in the issuance and extension of warrants of arrest. The record did not clearly show any order cancelling the Applicant's bond, and the Applicant failed to provide a precise date or evidence of such cancellation. The High Court held that there was no proper basis for its intervention and directed the Applicant to seek reinstatement of bond before the trial court, which is best placed to make a ruling after hearing all parties. The court emphasized that the Applicant was largely responsible for his predicament due to his absences and that the trial court should proceed expeditiously to conclude the...
Court Disposition
Application dismissed; Applicant directed to seek reinstatement of bond before the trial court.
Orders
- The Applicant to make his application for reinstatement of bond before the trial court during the next scheduled hearing or mention.
- The trial court to make a proper ruling on the matter having heard all relevant parties.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
MISC. CRIMINAL APPLICATION NO. 62 OF 2018
JOSEPHAT MUTURI GATHENGE.........................................APPLICANT
VERSUS
REPUBLIC................................................................................RESPONDENT
R U L I N G
1. The court has considered the application by the Applicant Josephat Muturi Gathenge, charged with another in Thika CM’s Court Criminal Case No. 236 of 2015with five counts of Obtaining money by false pretences contrary to Section 313 of the Penal Code.
2. Having called for and perused the copies of proceedings in the said matter, I note that as at August 2018 the hearing had yet to commence. In part, because the accused therein were frequently absent. In particular, the record is replete with absences by the Applicant, which resulted in issuance and extension of warrants of arrest against him. In his affidavit, the Applicant does not give the precise date when his bond was cancelled, and for my part, having reviewed the record of proceedings, I am unable to find any order or ruling to the effect that his bond be cancelled. I must observe however that the state of the photocopied proceedings furnished to this court by the Chief Magistrate’s Court Thika is less than satisfactory, as the proceedings do not appear to be in the correct chronological order.
3. Nevertheless, having reviewed the entire record as it is, I am not persuaded that this is a proper case for this court to interfere. In many ways, the Applicant is the author of his own misfortune. He missed several court attendances since March 2016.
4. I therefore direct that the Applicant makes his application for reinstatement of bond before the trial court during the next scheduled hearing or mention. In that event, the trial court ought to make a proper ruling on the matter having heard all the relevant parties. Finally, in light of the age of the case, the trial court is urged to proceed with dispatch to hear and finalise it. A copy of this ruling to be sent to the trial court for compliance.
DELIVERED AND SIGNED AT KIAMBU THIS 19TH DAY OF SEPTEMBER 2019
..................
C. MEOLI
JUDGE