[2021] KEHC 4588 (KLR)
The court found that the accused had not provided sufficient material details or evidence regarding his employment or reasons for leaving Nairobi. The explanation offered by the accused was unsubstantiated, and the court was not convinced that there was sufficient cause to revise the bond terms. The court reaffirmed...
Source-derived case information.
- Citation
- [2021] KEHC 4588 (KLR)
- Parties
- Applicant: Mathewas Mbaya alias Mathew; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 70 of 2019
- Procedural Posture
- Criminal Case / Ruling on Application for Revision of Bond Terms
- Outcome
- application dismissed
- Judges
- DO Ogembo
- Legal Topics
- Bail and Bond, Flight Risk, Revision of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mathewas Mbaya alias Mathew
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Application for Revision of Bond Terms
Legal Issues
- 1 Whether the accused has shown sufficient cause to warrant revision of the bond terms previously set by the court.
- 2 Whether the accused is a flight risk justifying denial of bail.
Ratio Decidendi
The court found that the accused had not provided sufficient material details or evidence regarding his employment or reasons for leaving Nairobi. The explanation offered by the accused was unsubstantiated, and the court was not convinced that there was sufficient cause to revise the bond terms. The court reaffirmed its earlier finding that the accused is a flight risk, as demonstrated by his disappearance after the incident and subsequent arrest in a different location. Consequently, the application for revision of bond terms was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application dated 9.3.2021 for revision of bond terms is dismissed.
- A hearing date is fixed for 12.10.2021.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE70 OF 2019
MATTEWAS MBAYA alias MATHEW .............................ACCUSED
VERSUS
PROSECUTOR.................................................................. REPUBLIC
RULING
This matter is coming up this time round for the application of the accused, Mathewas MbayaAliasMATHEW dated 9. 3.2021. The same is brought under section 357 of the Criminal Procedure Code, and section 165 of the constitution of Kenya. It is supported by the affidavit of Ntenga Marube, advocate. The same seeks revision of the terms of bond as set by this court. It also has a 2nd affidavit of the accused himself in which he denies that he had run away to avoid arrest. But that the casual work he had been doing was over making him go to the village.
The prosecution has opposed this application and placed reliance on the affidavit of the investigating officer originally file in opposition to the applicant’s application for bond.
I have considered the submissions of both sides herein. Worth noting is that this court had considered the accused’s application for bail, the objections to the same as raised by the prosecution side, and made a considered ruling on the same. In the said ruling, the court determined that the prosecution had proved at least 1 compelling reasons as to warrant denial of bail to the accused. That he is a flight risk, shown by the fact that the accused had disappeared immediately after the alleged incident and moved out of Nairobi. He was only to be arrested 3 month’s later in Bungoma.
The accused (applicant) has now come up with an explanation that he had lost his casual job and had to go to the village. In deponing to this fact, the accused had not given any details of his job. Who were his employers? Any proof of that employment? Without these material details, I am not convinced that the accused (applicant) has shown any sufficient cause as to make this court revise the orders issued herein on 15. 5.2020. This application dated 9. 3.2021 therefore lacks any merit. I dismiss the same
D. O. OGEMBO
JUDGE
30. 7.2021.
Court:
Ruling read out in court (on-line) in the presence of accused (Nairobi Remand), Mr. Marube for the accused and Mr. Chebii for the state.
D. O. OGEMBO
JUDGE
30. 7.2021.
Court:
A hearing date to be fixed for this case. Hearing 12. 10. 2021.