[2023] KEHC 1416 (KLR)
The court found that the applicant's cash bail should not have been forfeited because the criminal case was withdrawn by the prosecution with leave of court, and there was no evidence that the applicant had absconded. The court noted that the applicant had appeared virtually with his advocate, and any failure to...
Source-derived case information.
- Citation
- [2023] KEHC 1416 (KLR)
- Parties
- Applicant: Joseph Mwongela; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E005 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed; trial court's forfeiture order set aside; cash bail to be refunded
- Judges
- RE Aburili
- Legal Topics
- Bail Refund, Withdrawal of Charges, Forfeiture Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mwongela
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the trial court erred in forfeiting the applicant's cash bail after the prosecution withdrew the charges with leave of court.
- 2 Whether the applicant was entitled to a refund of the cash bail deposited in court.
Ratio Decidendi
The court found that the applicant's cash bail should not have been forfeited because the criminal case was withdrawn by the prosecution with leave of court, and there was no evidence that the applicant had absconded. The court noted that the applicant had appeared virtually with his advocate, and any failure to appear was due to a power outage affecting the court's connectivity, not the applicant's fault. Therefore, the forfeiture order was set aside, and the applicant was entitled to a refund of the cash bail upon production of the original receipt.
Court Disposition
application allowed; trial court's forfeiture order set aside; cash bail to be refunded
Orders
- The trial court's order forfeiting the applicant's cash bail of Kshs. 30,000 is set aside.
- Cash bail of Kshs. 30,000 to be refunded to Joseph Mwongela Ndiku upon production of the original receipt.
Full Case Text
Judgment text and source record
23 paragraphs
Mwongela v Republic (Criminal Revision E005 of 2023) [2023] KEHC 1416 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1416 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E005 of 2023
RE Aburili, J
February 28, 2023
Between
Joseph Mwongela
Applicant
and
Republic
Respondent
(Being an Application for revision in Ukwala PMCr. E002/2023)
Ruling
1. I have perused the application for revision dated 24/2/2023, the grounds, supporting affidavit and annextures.
2. It is clear that the criminal case against the accused/applicant herein was withdrawn by the prosecution with leave of court.
3. The applicant had deposited cash bail into court. The trial court ought to have made orders for refund of the cash bail as there was no evidence that the accused who had earlier on appeared virtually with his advocate with leave of court had absconded and as it is the court that lost connectivity due to power outage.
4. For the above reasons as explained by counsel for the applicant Mr. Ooro F., I find the application merited.
5. I revise the trial court’s order forfeiting the applicant/accused person’s cash bail of Kshs. 30,000/= as ordered in Ukwala PMCr. E002/2023 and set it aside and order that cash bail Kshs. 30,000/= be refunded to the accused Joseph Mwongela Ndiku upon his production of the original receipt for the deposit of the said cash bail into court.
6. I so order.
7. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28THDAY OF FEBRUARY, 2023R.E. ABURILIJUDGE