[2016] KEHC 3611 (KLR)
The court found that the applicant's failure to attend court was due to travel restrictions imposed by the South Sudan government, which were circumstances beyond his control. The applicant, through affidavit evidence, provided a satisfactory explanation for his absence. The trial court was not entitled to cancel...
Source-derived case information.
- Citation
- [2016] KEHC 3611 (KLR)
- Parties
- Applicant: Nicasio Mwangi Kiura; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 17 of 2016
- Procedural Posture
- Criminal Misc Application / Ruling on Application for Reinstatement of Bail/bond After Cancellation for Non Attendance
- Outcome
- Application allowed. Bail/bond cancellation set aside. Bail/bond restored.
- Legal Topics
- Bail Cancellation, Bond Reinstatement, Non Attendance Explanation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicasio Mwangi Kiura
Applicant
Republic
Respondent
Procedural Posture
Criminal Misc Application / Ruling on Application for Reinstatement of Bail/bond After Cancellation for Non Attendance
Legal Issues
- 1 Whether the applicant's bail/bond was properly cancelled by the trial court for non attendance.
- 2 Whether the applicant provided a satisfactory explanation for his non attendance in court.
- 3 Whether the bail/bond should be reinstated based on the circumstances presented.
Ratio Decidendi
The court found that the applicant's failure to attend court was due to travel restrictions imposed by the South Sudan government, which were circumstances beyond his control. The applicant, through affidavit evidence, provided a satisfactory explanation for his absence. The trial court was not entitled to cancel the bail/bond in these circumstances. Therefore, the cancellation was not justified, and the applicant was entitled to restoration of his original bail/bond terms.
Court Disposition
Application allowed. Bail/bond cancellation set aside. Bail/bond restored.
Orders
- The order of the trial court cancelling the bail/bond of the applicant is set aside.
- The applicant is restored to his original bail/bond terms.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL MISC APPLICATION NO. 17 OF 2016
NICASIO MWANGI KIURA................ APPLICANT
VERSUS
REPUBLIC...................................... RESPONDENT
RULING
1. The application was brought under certificate of urgency and was certified as such. In their notice of motion, counsel for the applicant advanced a number of grounds in support of his application for reinstatement of the applicant's bail/bond following its cancellation by the trial court for non attendance. According to counsel, the applicant was prevented from attending court by circumstances beyond his control namely the travel restrictions imposed upon him by the South Sudan Police who were investigating a case involving the applicant and one Henry Mwangi Agugi.
2. According to the affidavit of counsel for the applicant, the police of the South Sudan government ordered that the applicant should not travel out of Sudan until the case was fully investigated and permission to travel given to him by the prosecutor Attorney General of that country. This is what prevented the applicant from attending court as ordered.
3. In his supporting affidavit, counsel has also stated that the trial court had no good grounds to disbelieve the explanation of the applicant for his non attendance in court.
4. The state did not oppose the applicant's application.
5. I believe the affidavit evidence of the applicant's counsel namely that the applicant was prevented from attending court by virtue of the travel restrictions imposed by the South Sudan government. This was beyond the control of the applicant. The trial court was not entitled to cancel the bail/bond of the applicant. The applicant had offered a satisfactory explanation for his non attendance in court.
6. In the circumstances, I find that the cancellation of his bail/bond was not justified. The order of the trial court cancelling the bail/bond of the applicant is hereby set aside. The applicant is hereby restored to his original bail/bond terms.
7. I hereby order that the bail/bond of the applicant be restored.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this 15th day of JUNE 2016
In the presence of Ms Muriuki for the Applicant and Ms. Mbae for the Respondent
Court clerk Njue
J.M. BWONWONGA
JUDGE
15. 06. 16