[2013] KEHC 1655 (KLR)
The court found that the applicant had a history of failing to attend court on at least four occasions without providing good reasons, justifying the trial court's decision to remand him. Although the applicant had been in custody for nearly a month, the court held that releasing him on his own undertaking would...
Source-derived case information.
- Citation
- [2013] KEHC 1655 (KLR)
- Parties
- Applicant: Maur Abdallah Bwanamaka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 240 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Bond Terms
- Outcome
- Application for revision partially allowed; applicant ordered to post bond with surety.
- Judges
- GO Shikwe
- Legal Topics
- Bail and Bond, Failure to Attend Court, Surety Withdrawal, Forgery Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maur Abdallah Bwanamaka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Bond Terms
Legal Issues
- 1 Whether the applicant was denied an opportunity to provide a new surety after the previous surety withdrew.
- 2 Whether continued remand of the applicant was justified given the period already spent in custody.
- 3 Whether the applicant should be released on his own undertaking or required to post bond.
Ratio Decidendi
The court found that the applicant had a history of failing to attend court on at least four occasions without providing good reasons, justifying the trial court's decision to remand him. Although the applicant had been in custody for nearly a month, the court held that releasing him on his own undertaking would trivialise the gravity of the charges, which included making a document without authority, forgery, and uttering a false document. The court exercised its discretion to order the applicant to post a bond of Ksh. 1 million with one surety of a similar amount, balancing the need to ensure court attendance with the period already spent in custody.
Court Disposition
Application for revision partially allowed; applicant ordered to post bond with surety.
Orders
- The applicant is ordered to post a bond of Ksh. 1 million with one surety of similar amount.
- The original file is released to the Chief Magistrate for mention on 5th November, 2013 for further and necessary orders.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL REVISION NO. 240 OF 2013
MAUR ABDALLAH BWANAMAKA …...........................……..APPLICANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
RULING
The application for revision is grounded on the reasons that the applicant was arrested on October 10, 2013 vide a Warrant of arrest issued by the Chief Magistrate on 8th October, 2013.
On 11th October, 2013 when the matter came up for mention the surety applied to withdraw and the application was granted without the applicant being given an opportunity to put in a new surety. On 18th October, 2013 the Accused was remanded in custody.
Upon perusal of the record of proceedings and the ruling of the trial court I am satisfied that he had good reasons to find that the Accused was not a person who was serious about court attendances having narrated four (4) instances in which the Accused had failed to attend court and failed to give good reasons for such failure. However, its noted he has been in custody for close to a month. That is deemed to be sufficient punishment.
It is also observed that he had been charged with making a document without authority contrary to section 357(a) of the Penal Code. 2nd count forgery contrary to section 349 of the Penal Code and third count with uttering a false document contrary to section 353 of the Penal Code.
Counsel for the applicant prays that the Accused be released upon his undertaking ( Counsels). I find that would be trivialising the charges the Accused is facing. So as to appreciate Court orders, the Accused is ordered to post a bond of Ksh. 1 million with one surety of similar amount.
The original file is released to the Chief magistrate for mention on 5th November, 2013 for further and necessary orders.
Ruling delivered dated and signed this 1st day of November, 2013.
...................
M. MUYA
JUDGE
1ST NOVEMBER, 2013
In open court in the presence of:-
Learned Counsel for the Accused Ms Obara holding brief Nabwana
learned state Counsel Mr. Tanui
Court clerk Musundi