[2019] KEHC 7719 (KLR)
The court found that the trial court acted prematurely in ordering forfeiture of the cash bail on the first date the accused failed to appear. The absence of a record indicating that the proceedings were held in chambers further undermined the propriety of the forfeiture order. Consequently, the application for...
Source-derived case information.
- Citation
- [2019] KEHC 7719 (KLR)
- Parties
- Appellant: Moses Mulavi Keya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 673 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Reinstatement of Cash Bail
- Outcome
- application allowed
- Legal Topics
- Bail Forfeiture, Reinstatement of Cash Bail, Trial Court Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Mulavi Keya
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Reinstatement of Cash Bail
Legal Issues
- 1 Whether it was proper for the trial court to order forfeiture of cash bail on the first date the accused failed to appear.
- 2 Whether the applicant is entitled to reinstatement of the original cash bail and refund of the subsequent cash bail.
Ratio Decidendi
The court found that the trial court acted prematurely in ordering forfeiture of the cash bail on the first date the accused failed to appear. The absence of a record indicating that the proceedings were held in chambers further undermined the propriety of the forfeiture order. Consequently, the application for reinstatement of the original cash bail was merited, and the subsequent cash bail paid should be refunded to the payee.
Court Disposition
application allowed
Orders
- The cash bail paid on 9/11/2018 vide Receipt No. 007499 is reinstated.
- The cash bail paid vide Receipt No. 007640, dated 4/12/2018, is to be refunded to the payee.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MILIMANI
CRIMINAL DIVISION
MISC. CR. APP. NO. 673 OF 2018
MOSES MULAVI KEYA.......................................APPELLANT
VERSUS
REPUBLIC..........................................................RESPONDENT
RULING
I have looked at the trial court file, being City Court Cr. Case No. 447/2018. It shows that the Applicant only failed to show up on the first date that the cash bail was forfeited, being 30/4/2018. While it is not recorded that the proceedings were held in chambers, it was imputive to order a forfeiture of the cash bail on the first day that the accused failed to show up. In that case, I hold that the application is merited.
I order that the cash bail paid on 9/11/2018 vide Receipt No. 007499 be reinstated. Consequently, cash bail paid vide Receipt No. 007640, dated 4/12/2018 be refunded to the payee.
The trial court file be remitted back to the trial court.
Dated and Delivered at Nairobi This 4th April, 2019.
G.W.NGENYE-MACHARIA
JUDGE.
In the presence of;
1. Muchiri for the Applicant
2. Momanyi for the Respondent.