[2024] KEHC 6089 (KLR)
The court dismissed the application for revision of bail terms solely on the procedural ground that the applicant was absent and failed to prosecute his application when it came up for hearing. The merits of the application regarding the alleged excessiveness of bail and the presumption of innocence were not...
Source-derived case information.
- Citation
- [2024] KEHC 6089 (KLR)
- Parties
- Applicant: William Simiyu Matere; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E004 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Bail Terms
- Outcome
- application dismissed for want of prosecution
- Judges
- DR Kavedza
- Legal Topics
- Bail and Bond, Pretrial Detention, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Simiyu Matere
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Bail Terms
Legal Issues
- 1 Whether the bail terms imposed by the subordinate court were excessive and warranted revision.
- 2 Whether the applicant's continued detention violated the presumption of innocence.
Ratio Decidendi
The court dismissed the application for revision of bail terms solely on the procedural ground that the applicant was absent and failed to prosecute his application when it came up for hearing. The merits of the application regarding the alleged excessiveness of bail and the presumption of innocence were not considered or determined. The dismissal was for want of prosecution, not on substantive legal grounds.
Court Disposition
application dismissed for want of prosecution
Orders
- The application for revision of bail terms is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
18 paragraphs
Matere v Republic (Criminal Revision E004 of 2023) [2024] KEHC 6089 (KLR) (27 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6089 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision E004 of 2023
DR Kavedza, J
May 27, 2024
Between
William Simiyu Matere
Applicant
and
Republic
Respondent
Ruling
1. The applicant is an accused person before the subordinate court where he is facing two counts of offences. In count I, conspiracy to commit a felony contrary to section 393 of the Penal Code. and in count II, demanding property from menaces contrary to section 302 of the Penal Code. Before the said court, he sought and was granted a bond of Ksh. 2,000,000 with two sureties of a similar amount. The applicant made an application to be admitted to an alternative cash bail. On 20th March 2024, the court declined.
2. It is this order that the applicant is challenging on revision. The averments made are that the amount granted are colossal and he cannot afford it. His continued detention is contrary to the doctrine of presumption of innocent until proven guilty.
3. On 27th May 2024, when the application came up for hearing, the applicant was absent and failed to prosecute his application. Consequently, the appeal is dismissed for want of prosecution.Orders accordingly.
JUDGEMENT DATED AND DELIVERED VIRTUALLY THIS 27TH DAY OF MAY 2024______________D. KAVEDZAJUDGE