[2020] KEHC 3574 (KLR)
The court held that the applicant must first seek a review of the bond terms before the trial court or Duty Court at Makadara Law Court before approaching the High Court for relief. The application for review of bond terms in the High Court is therefore stayed pending such an application at the lower court. The...
Source-derived case information.
- Citation
- [2020] KEHC 3574 (KLR)
- Parties
- Applicant: Morgan Esakwa Mikha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 177 of 2020
- Procedural Posture
- Miscellaneous Application / Application for Review of Bond Terms
- Outcome
- Application stayed pending review before trial court.
- Judges
- AM Cockar
- Legal Topics
- Bond Review, Bail Conditions, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Morgan Esakwa Mikha
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Application for Review of Bond Terms
Legal Issues
- 1 Whether the High Court should review the bond terms set by the Chief Magistrate's Court before the applicant seeks variation before the trial court.
- 2 Whether the applicant is required to first seek review of bond terms at the trial court before approaching the High Court.
Ratio Decidendi
The court held that the applicant must first seek a review of the bond terms before the trial court or Duty Court at Makadara Law Court before approaching the High Court for relief. The application for review of bond terms in the High Court is therefore stayed pending such an application at the lower court. The court emphasized the procedural requirement that parties exhaust remedies at the trial court level before invoking the jurisdiction of the High Court in such matters.
Court Disposition
Application stayed pending review before trial court.
Orders
- The application is stayed pending an application by the applicant for review of the bond terms before the trial court or Duty Court in Makadara Law Court.
- If the applicant returns to this court, he must avail proceedings.
Full Case Text
Judgment text and source record
17 paragraphs
REPUPLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISC. CRIMINAL APPLICATION NO. 177 OF 2020
LESIIT, J
MORGAN ESAKWA MIKHA......APPLICANT
VERSUS
REPUBLIC................................RESPONDENT
(Being an application for review of bond terms given by Makadara Chief Magistrate’s Criminal Case No. 123 of 2020 dated 18th June, 2020)
COURT ORDER
1. Mr. Swaka advocate filed a Notice of Motion under Certificate of Urgency seeking among others a review of the Applicant’s bond of KShs.300,000/= ordered by the Chief Magistrate’s Court at Makadara.
2. Mr. Swaka in his submissions made it clear that the Applicant had not sought variation of bond terms before the trial court.
3. I order that this application be and is hereby stayed pending an application by the Applicant for review of the bond terms before the trial court or Duty Court in Makadara Law Court.
4. If the Applicant returns to this court he must avail proceedings.
DELIVERED AT NAIROBI THIS 22ND DAY OF JULY, 2020.
LESIIT, J
JUDGE