[2021] KEHC 3320 (KLR)
The court found that the applicant's bond was properly cancelled after he absconded court proceedings. However, given that the complainant has indicated willingness not to proceed with the case, it would not serve the interests of justice to continue holding the applicant in custody. The court therefore directed...
Source-derived case information.
- Citation
- [2021] KEHC 3320 (KLR)
- Parties
- Applicant: Mohammed Noor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E158 of 2021
- Procedural Posture
- Criminal Appeal / Ruling on Bond and Withdrawal of Complaint
- Outcome
- Application allowed in part; matter to be mentioned before trial court for possible withdrawal of complaint.
- Judges
- TW Cherere
- Legal Topics
- Arson, Malicious Damage to Property, Bond Cancellation, Withdrawal of Complaint
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohammed Noor
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bond and Withdrawal of Complaint
Legal Issues
- 1 Whether the applicant's bond was properly cancelled after absconding court.
- 2 Whether continued detention of the applicant is justified given the complainant's willingness to withdraw the complaint.
Ratio Decidendi
The court found that the applicant's bond was properly cancelled after he absconded court proceedings. However, given that the complainant has indicated willingness not to proceed with the case, it would not serve the interests of justice to continue holding the applicant in custody. The court therefore directed that the matter be mentioned before the trial court to allow the complainant an opportunity to formally withdraw the complaint, and if not withdrawn, the applicant may renew his application for release on bond.
Court Disposition
Application allowed in part; matter to be mentioned before trial court for possible withdrawal of complaint.
Orders
- This matter be mentioned before the trial court on 13th October, 2021 or any such earlier or later date when the complainant shall formally be given an opportunity to withdraw the complaint.
- If the complaint is not withdrawn, the applicant shall be at liberty to renew application for his release on bond.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
(CORAM: CHERERE-J)
CRIMINAL APPEAL NO. E158 OF 2021
BETWEEN
MOHAMMED NOOR.....................................................APPLICANT
AND
REPUBLIC................................................................... RESPONDENT
RULING
1. MOHAMMED NOOR (Applicant) was charged in ISIOLO CRIMINAL CASE NO. 1298 OF 2018 with arson and malicious damage to property.
2. He avers that after he was released on bond on 20th December, 2018, he started out of court negotiations with the complainant and upon reconciling, he mistakenly believed that that was the end of the matter. He therefore did not attend the hearing scheduled for 07th March, 2019. A warrant for his arrest was issued and he and was subsequently apprehended on 24th June, 2021.
3. Having absconded, I find that the trial court appropriately cancelled Applicant’s bond.
4. And now that the complainant has indicated willingness not to proceed with the case, it would not be in the interest of justice to continue holding the Applicant in custody.
5. It is therefore hereby ordered THAT:
a.This matter be mentioned before the trial court on 13th October, 2021 or any such earlier or later date when the complainant shall formerly be given an opportunity to withdraw the complaint
b.If the complaint is not withdrawn, the Applicant shall be at liberty to renew application for his release on bond
DATED THIS 05TH DAY OF OCTOBER, 2021
WAMAE. T. W. CHERERE
JUDGE
Court Assistant - Kinoti
Appellant - Present
For the Applicant -Ms. Nelima for J.O.Ondieki & Co. Advocates
For the Respondent - Ms. Mwaniki