[2009] KEHC 699 (KLR)

[2009] KEHC 699 (KLR)

The court found that the lower court's order requiring Jennifer Mwende to execute a personal bond of Kshs. 30,000 with a surety and, in default, to serve 12 months imprisonment was improper. The High Court exercised its revisionary jurisdiction to set aside the requirement for a surety and the default imprisonment, instead ordering that Jennifer Mwende be released on execution of a personal bond of Kshs. 30,000 for good behaviour for one year from 7th July 2009.

Citation
[2009] KEHC 699 (KLR)
Parties
Applicant: Joshua Muriithi; Applicant: Jenniffer Mwende; Applicant: Edward Mutembei; Applicant: Peter Mutuma; Applicant: Simon Kagunda; Applicant: Geoffrey Mwende; Applicant: David Marangu
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
9 October 2009
Case Number
Criminal Revision 6 of 2009
Procedural Posture
Criminal Revision / Application for Revision of Lower Court Order
Outcome
Order of the lower court revised in respect of Jennifer Mwende.
Judges
MM Kasango
Legal Topics
Revision of Sentence, Bond Conditions, Good Behaviour Bond
Source Language
English
Criminal Law Revision of Sentence Bond Conditions Good Behaviour Bond

Case Brief

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Parties

Joshua Muriithi

Applicant

Jenniffer Mwende

Applicant

Edward Mutembei

Applicant

Peter Mutuma

Applicant

Simon Kagunda

Applicant

Geoffrey Mwende

Applicant

David Marangu

Applicant

Procedural Posture

Criminal Revision / Application for Revision of Lower Court Order

Legal Issues

  1. 1 Whether the lower court's order requiring Jennifer Mwende to execute a bond with surety and imposing imprisonment in default was proper and should be revised.

Ratio Decidendi

The court found that the lower court's order requiring Jennifer Mwende to execute a personal bond of Kshs. 30,000 with a surety and, in default, to serve 12 months imprisonment was improper. The High Court exercised its revisionary jurisdiction to set aside the requirement for a surety and the default imprisonment, instead ordering that Jennifer Mwende be released on execution of a personal bond of Kshs. 30,000 for good behaviour for one year from 7th July 2009.

Court Disposition

Order of the lower court revised in respect of Jennifer Mwende.

Orders

  • The order of the lower court dated 7th July 2009 requiring Jennifer Mwende to execute a personal bond of Kshs. 30,000 with a surety and, in default, to serve 12 months imprisonment is set aside.
  • Jennifer Mwende is to be released on execution of a personal bond of Kshs. 30,000 for her good behaviour for a period of one year with effect from 7th July 2009.