[2001] KEHC 331 (KLR)
The court found that the appellant, having been released on bail pending appeal, has absconded and cannot be traced. The advocate who supported the bail application is under a duty to assist the court in producing the appellant. Consequently, the court adjourned the appeal to a future date, directed the advocate to...
Source-derived case information.
- Citation
- [2001] KEHC 331 (KLR)
- Parties
- Appellant: Leonard Njoroge Mbugua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1477 of ??
- Procedural Posture
- Criminal Appeal / Interlocutory Ruling on Bail Pending Appeal and Adjournment
- Outcome
- Adjournment of appeal; advocate directed to produce appellant; warrant of arrest re-issued.
- Legal Topics
- Bail Pending Appeal, Absconding Accused, Warrant of Arrest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Njoroge Mbugua
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Ruling on Bail Pending Appeal and Adjournment
Legal Issues
- 1 Whether the appellant should continue to enjoy bail pending appeal after absconding.
- 2 Whether the appellant's advocate is under a duty to produce the appellant before the court.
- 3 Whether a warrant of arrest should be re-issued against the appellant.
Ratio Decidendi
The court found that the appellant, having been released on bail pending appeal, has absconded and cannot be traced. The advocate who supported the bail application is under a duty to assist the court in producing the appellant. Consequently, the court adjourned the appeal to a future date, directed the advocate to produce the appellant within fourteen days, and ordered that a warrant of arrest be re-issued against the appellant. The ruling underscores the responsibility of advocates in bail applications and the court's power to enforce attendance of appellants who abscond.
Court Disposition
Adjournment of appeal; advocate directed to produce appellant; warrant of arrest re-issued.
Orders
- The appeal is adjourned to 20th June, 2001 for hearing at 9:00 a.m.
- Mr. Charagu Advocate is given fourteen days to produce the appellant before the court.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO.1477 OF 2000 (FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL CASE NO.3776 OF 1999 OF PRINCIPAL MAGISTRATE’S COURT AT KIAMBU)
LEONARD NJOROGE MBUGUA ………………….. APPELLANT VERSUS REPUBLIC ………………………………………… RESPONDENT
RULING
LEONARD NJOROGE MBUGUA (the appellant) was released on bond of Shs.2000 on 14. 2.2001 pending the hearing and determination of this appeal. His application for bail pending appeal, being Misc. Cr. Application No.92of 2001, was supported by the applicant of his advocate Mr. Richard Kimani Charagu, who swore at paragraph 7 thereof as follows:-
“7. That the applicant resides in Kiambu and is unlikely to absent and is also prepared to furnish any security that this court may impose”
The appellant has now absconded, a warrant of Arrest has beenissued bu he cannot be traced. Mr. Charagu Advocate, whose affidavit supported the application for bai, is duty bound to produce his client before this court.For this purpose he is given fourteen days from today to do so. I will therefore adjourn this appeal to the 20th June, 2001 for hearing at 9. 00 a.m. I also direct a warrant of arrest to re-issue as against the appellant.
This ruling be typed, certified and be served upon M/s Kimani Charagu & Co. Advocates of Kiambu by Principal Deputy Registrar for compliance.
It is so ordered. A.G.A. ETYANG’ JUDGE 6. 6.2001