[2022] KEHC 10369 (KLR)

Mwithigah v Republic (Miscellaneous Criminal Application E412 of 2021) [2022] KEHC 10369 (KLR) (Crim) (17 March 2022) (Ruling)

Neutral citation: [2022] KEHC 10369 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Miscellaneous Criminal Application E412 of 2021

JM Bwonwong'a, J

March 17, 2022

Between

Patrick Kariuki Mwithigah

Applicant

and

Republic

Respondent

(Being a ruling on the review of the order of Hon. H.M. Nyaga, CM, dated 23rd September 2021 in respect of granting bail to the applicant in the Chief Magistrate’s Court at Makadara in Criminal Case No. 977 of 2021, Republic v Patrick Kariuki Mwithigah)ANDBeing a review of the order of Hon. J. Kibosia, PM, dated 4th June 2021 in respect of granting bail to the applicant in the Chief Magistrate’s Court at Makadara in Criminal Case No. 1294 of 2021, Republic v Patrick Kariuki Mwithigah)

Ruling

1. The applicant under certificate of urgency has applied for the following orders.1)spent2)An order to merge the terms of the release on bail/bond of shs 300,000/- or in the alternative release on bail in depositing cash of shs 200,000/- in the Chief Magistrate’s Court at Makadara in Criminal Case No 977 of 2021; with the release on bond/bail of shs 500, 000/- with one surety of a similar amount in the Chief Magistrate’s Court at Makadara in Criminal Case No 1294 of 2021, Republic v Patrick Kariuki Mwithigah) pending the hearing and determination of his trials in the above two criminal cases.

2. The application is supported by ten (10) grounds that are set out on the face of the undated notice of motion.

3. The application is also supported by the applicant’s eleven (11) supporting affidavit. This court called for the two files from the lower court for revisional purposes pursuant to this court’s power under sections 362 as read with 364 of the Criminal Procedure Code (cap 75) Laws of Kenya. I have perused both files.On April 23, 2021 the learned Chief Magistrate in the Chief Magistrate’s Court at Makadara in Criminal Case No 977 of 2021, Republic v Patrick Kariuki Mwithigah, in relation to the grant of bail pronounced himself as follows.“No cash bail. Bail at shs 300,000/- with 1 surety of similar amount.Surety to approved? by I O and all documents ordered.?”

4. On July 1, 2021 the same learned chief magistrate revised the bail terms of the accused and set aside the earlier terms and in its place the court now granted cash bail of shs 200,000/- plus a contact person.

5. In the second file in the Chief Magistrate’s Court at Makadara in Criminal Case No 1294 of 2021, Republic v Patrick Kariuki Mwithigah, the learned principal magistrate on July 7, 2021 the learned released the accused on bail and in that he pronounced himself as follows.“Bond is set at 500,000/-with 1 surety of similar amount. No cash bail”

6. In the first file the accused is charged with one count of obtaining money in the sum of shs 400,000/- by false pretences.

7. In this second file the accused is faced with seven counts (7) of obtaining by false pretences and conspiracy to defraud

8. I find that the accused/applicant did not make any application to each court to revise the terms of his bail/bond.

9. I also find that in each case the court in setting the terms of bail did not give reasons for their decisions because these are really busy court stations. They are not engaged in academic matters. In the circumstances, it is not easy to revise the orders complained of in the absence of reasons for those decisions.

10. In the premises, I find that the application is premature and is hereby dismissed for being incompetent.

11. The accused/applicant is directed to make is application separately before each court.

12. The application is hereby dismissed in its entirety.

RULING SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 17TH DAY OF MARCH 2022. J M BWONWONG’AJUDGEIn the presence of-Mr. Kinyua court assistantThe accused/applicant – present in personMr. Kibathi for the Respondent