[2013] KEHC 2766 (KLR)

[2013] KEHC 2766 (KLR)

The court found that the magistrate failed to conduct the mandatory inquiry as required by Sections 43–54 of the Criminal Procedure Code before ordering the applicants to execute bonds to keep peace. The applicants were not given an opportunity to defend themselves, and the record was silent on any steps taken to ensure procedural fairness. Citing the precedent in Mwagona and 3 others –Vs– Republic (1990) KLR 1, the court held that the failure to follow the correct procedure rendered the proceedings a nullity. Consequently, the orders made by the magistrate were set aside in their entirety, and any cash bail paid by the applicants was to be refunded.

Citation
[2013] KEHC 2766 (KLR)
Parties
Applicant: Martin Wang’ombe Weru; Applicant: Leonard Kamanwa Nganga; Applicant: Ernest Igoma Waithera; Applicant: Morris Mwiti Musyoka; Applicant: Dennis Mwaura Kibunya; Applicant: Douglas Njoroge Kamau; Applicant: Geoffrey Mungai Kamunguria; Applicant: Robert Ndungu Chege; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
11 July 2013
Case Number
Criminal Revision 16 of 2013
Procedural Posture
Criminal Revision / Ruling on Revision of Bond Orders
Outcome
orders of the magistrate set aside; any cash bail to be refunded
Judges
A Mbogholi-Msagha
Legal Topics
Peace Bond Proceedings, Procedural Fairness, Right to Be Heard
Source Language
English
Criminal Law Civil Procedure Peace Bond Proceedings Procedural Fairness Right to Be Heard

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Parties

Martin Wang’ombe Weru

Applicant

Leonard Kamanwa Nganga

Applicant

Ernest Igoma Waithera

Applicant

Morris Mwiti Musyoka

Applicant

Dennis Mwaura Kibunya

Applicant

Douglas Njoroge Kamau

Applicant

Geoffrey Mungai Kamunguria

Applicant

Robert Ndungu Chege

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Revision of Bond Orders

Legal Issues

  1. 1 Whether the magistrate followed the correct procedure under Sections 43–54 of the Criminal Procedure Code in ordering the applicants to execute bonds to keep peace.
  2. 2 Whether the applicants were afforded an opportunity to defend themselves before the bond orders were made.

Ratio Decidendi

The court found that the magistrate failed to conduct the mandatory inquiry as required by Sections 43–54 of the Criminal Procedure Code before ordering the applicants to execute bonds to keep peace. The applicants were not given an opportunity to defend themselves, and the record was silent on any steps taken to ensure procedural fairness. Citing the precedent in Mwagona and 3 others –Vs– Republic (1990) KLR 1, the court held that the failure to follow the correct procedure rendered the proceedings a nullity. Consequently, the orders made by the magistrate were set aside in their entirety, and any cash bail paid by the applicants was to be refunded.

Court Disposition

orders of the magistrate set aside; any cash bail to be refunded

Orders

  • The proceedings before the magistrate are set aside in their entirety.
  • If any of the applicants paid cash bail, the same shall be refunded to them.