[2003] KEHC 280 (KLR)
The court found that the applicant had provided genuine and sufficient reasons, supported by medical evidence, for his failure to attend court in the referenced criminal cases. However, the court held that the proper procedure was for the applicant to present himself before the respective trial magistrates to...
Source-derived case information.
- Citation
- [2003] KEHC 280 (KLR)
- Parties
- Applicant: Michael Muoki Alias Mbuvi G. Kioko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 155 of 2003
- Procedural Posture
- Criminal Application / Ruling
- Outcome
- application dismissed with directions
- Judges
- RM Mutitu
- Legal Topics
- Warrants of Arrest, Bail and Bond, Failure to Attend Court, Medical Excuse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Muoki Alias Mbuvi G. Kioko
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant has shown sufficient cause for failing to attend court resulting in the issuance of warrants of arrest.
- 2 Whether the warrants of arrest against the applicant should be lifted and returned unexecuted.
- 3 Whether the applicant is entitled to reinstatement of bail or bond terms.
Ratio Decidendi
The court found that the applicant had provided genuine and sufficient reasons, supported by medical evidence, for his failure to attend court in the referenced criminal cases. However, the court held that the proper procedure was for the applicant to present himself before the respective trial magistrates to explain his absence and seek reinstatement of bail or bond. The court declined to lift the warrants of arrest directly but facilitated the applicant's appearance by granting him release on his own bond to enable him to attend the lower courts and make his case. The application to lift the warrants was dismissed, but directions were given to allow the applicant to address the trial...
Court Disposition
application dismissed with directions
Orders
- The applicant to appear before the trial courts on 31/3/2003 to canvass reinstatement of bond, giving reasons as presented to this court.
- The applicant to be released on his own bond of Ksh.100,000 with one surety of like amount or be remanded in custody if unable to raise a surety.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL APPLICATION NO.155 OF 2003
MICHAEL MUOKI Alias MBUVI G. KIOKO….........………… APPLICANT
VERSUS
REPUBLIC…………………………………………..……. RESPONDENT
RULING
The applicant one Michael Muoki Alias Mbuvi Kioko through Mr. Ndungu made an application before this Court seeking an order that the warrant of arrest issued against him in certain mentioned Court cases be lifted and that the warrants in those cases be returned unexecuted. The cases for which the application relates are mentioned as Criminal cases No.1584/00, 8655/00, 6884/01, 8888/02 all in Kibera Law Courts. This application was consolidated with MISC. Criminal application No.170/03. The application is supported by the applicant’s affidavit dated 28th February 2003. Mr. Monda appeared for the state.
The applicant has admitted that he failed to attend Kibera Court in each of the aforementioned cases and that warrants of arrests were thus issued to have him arrested. His failure to attend the Court was occasioned by his sickness which led to his admission to hospital. He has produced medical evidence in support of his sickness and attached his medical sheets in support of this application. The applicant has deponed that he fears to attend the mention of any of those cases because he fears that he will be arrested immediately he shows up at Kibera Court and would be locked up thus jeopardising his health.
I have considered this application carefully. I am in agreement that the application has shown good reasons as to why the applicant failed to attend the lower Court in the various cases.
I have perused the lower Court records and confirmed that warrant of arrest is pending in criminal case 8635/2000 (Kibera). In this same case a notice has also been issued to the surety to show cause why his security should not be forfeited. In criminal case No.1584/00 (Kibera) a warrant of arrest is also pending for the apprehension of the applicant. It is my considered view that the applicant had good and genuine reasons for failing to attend Court in the five lower cases. Given such genuine reasons it is my considered view that the applicant should not had any fears in presenting himself to the trial magistrate in each of the cases in issue where he should have explained the reasons that made him fail to attend Court. The trial magistrate would then be at liberty to reinstate his bail terms or to reject to release him on bond.
If bail terms are not reinstated the applicant will then be at liberty to appear before the High Court to challenge the lower Courts order.
I therefore direct that the applicant should appear before the trial courts on 31/3/2003 to canverse his reinstatement of bond giving such reasons as he was given to this court. To enable the applicant to report at Kibera Law Courts the applicant will be released on his own bond of Ksh.100,000/= one surety of the like amount or be remanded in custody if he cannot raise a surety. The applicants present application is meanwhile dismissed accordingly.
R.M. MUTITU
JUDGE
26/3/2003
Delivered in open court in the presence of Mr. Monda for state and in the presence of the applicant and Mr. Ndungu for him.
R.M. MUTITU
JUDGE
26/3/2003