[2012] KEHC 5498 (KLR)
The court held that the applicant, having voluntarily undertaken the obligations of a surety, was fully aware of his duty to produce the accused in court whenever required. The applicant admitted that the accused had absconded and left the jurisdiction, thus failing in his obligations. The court found no merit in...
Source-derived case information.
- Citation
- [2012] KEHC 5498 (KLR)
- Parties
- Applicant: Juma Athman Mwacharero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 111 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Stay Lower Court Proceedings
- Outcome
- application dismissed
- Legal Topics
- Bail Forfeiture, Surety Obligations, Extradition Requests
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juma Athman Mwacharero
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Stay Lower Court Proceedings
Legal Issues
- 1 Whether the applicant, as surety, fulfilled his legal obligation to produce the accused in court.
- 2 Whether the court should stay lower court proceedings to allow the applicant time to arrange extradition of the accused from South Africa.
Ratio Decidendi
The court held that the applicant, having voluntarily undertaken the obligations of a surety, was fully aware of his duty to produce the accused in court whenever required. The applicant admitted that the accused had absconded and left the jurisdiction, thus failing in his obligations. The court found no merit in the request to stay proceedings to allow time for extradition, emphasizing that the applicant must face the legal consequences of his failure as surety. The application was therefore dismissed in its entirety.
Court Disposition
application dismissed
Orders
- The application is dismissed in its entirety.
- No orders as to costs.
Full Case Text
Judgment text and source record
13 paragraphs
JUMA ATHMAN MWACHARERO...........................................................................................APPLICANT
=VERSUS=
REPUBLIC............................................................................................................................RESPONDENT
RULING
The Applicant herein JUMA ATHMAN MWACHARERO had stood as the surety for the accused SAID RIZIKI OMAR in Criminal case No. 558/2012. The Applicant deposited in court the log-book for his motor vehicle registration No. KAY 503T. As it transpired the accused absconded from the trial and jumped bail. The Applicant now informs this court that the accused is in Durban, South Africa and asks the court to stay the proceedings of the lower court to grant him more time to arrange for the extradition of the accused from Durban in South Africa.
The duties and obligations of a surety are clearly explained and spelt out to any potential surety. As a surety the Applicant undertook and bonded himself to produce the accused person in court whenever he was so required. The Applicant willingly and voluntarily accepted these terms. The Applicant has failed dismally in this. He admits that not only has the accused jumped bail and absconded from court, he has even left the jurisdiction of these courts and is now in South Africa.
Having failed to hold up his end of the bargain so to speak, it is incredible that the Applicant now asks for help of State authorities to have the accused extradited from South Africa. The bottom line is that the Applicant has failed to execute his duties as a surety. He petitioned the lower court to have the accused released on his cognizance and then failed to produce the accused back in court when he was required. He must face the sanctions as set down by the law. I find no merit in this present application and the same is dismissed in its entirety. No orders on costs.
Dated and Delivered in Mombasa this 31st day of July 2012.
M. ODERO
JUDGE
In the presence of:
Ms. Njuguna holding brief for Mr. Nyaange for surety
Mr. Onserio for State