[2024] KEHC 4780 (KLR)
The High Court found that the trial court reduced the accused's bond without affording the applicant and the complainant's counsel an opportunity to be heard, thereby breaching the principles of fairness and natural justice. Upon the respondent's concession to the revision application, the High Court exercised its...
Source-derived case information.
- Citation
- [2024] KEHC 4780 (KLR)
- Parties
- Applicant: Solomon Kimani Njuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E484 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Revision Application
- Outcome
- Application for revision allowed; bond reduction order set aside; original bond terms reinstated.
- Judges
- DO Chepkwony
- Legal Topics
- Bail and Bond Terms, Revision Jurisdiction, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon Kimani Njuki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision Application
Legal Issues
- 1 Whether the trial court erred in reducing the accused's bond without hearing the applicant and complainant's counsel.
- 2 Whether the High Court should exercise its supervisory jurisdiction to set aside the revised bond terms and reinstate the original bond amount.
Ratio Decidendi
The High Court found that the trial court reduced the accused's bond without affording the applicant and the complainant's counsel an opportunity to be heard, thereby breaching the principles of fairness and natural justice. Upon the respondent's concession to the revision application, the High Court exercised its supervisory jurisdiction to set aside the orders reducing the bond and reinstated the original bond terms of Kes 5,000,000 plus one surety of a similar amount. The court emphasized the necessity of observing due process and the right to be heard in all proceedings affecting parties' rights.
Court Disposition
Application for revision allowed; bond reduction order set aside; original bond terms reinstated.
Orders
- The orders issued by Hon. N. Nganga, RM in Kiambu Chief Magistrate’s Criminal Case No.E3097 of 2023 on November 30, 2023 reducing the bond are set aside.
- The bond terms set at Kes 5,000,000 plus one surety of a similar amount on November 8, 2023 are reinstated and maintained.
Full Case Text
Judgment text and source record
22 paragraphs
Njuki v Republic (Criminal Revision E484 of 2023) [2024] KEHC 4780 (KLR) (8 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4780 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Revision E484 of 2023
DO Chepkwony, J
April 8, 2024
Between
Solomon Kimani Njuki
Applicant
and
Republic
Respondent
Ruling
1. This is a Revision application dated December 20, 2023 where the applicant/Republic is aggrieved by the decision of honourable trial court vide Kiambu Chief Magistrate’s Courts, Criminal Case No.E3097 of 2023, R v Mary Wanjiru Wangechi on November 30, 2023 wherein the accused person’s bond was reduced to Kes 1,000,000/= from Kes 5,000,000/= without according the Applicant and counsel watching brief for the complainant a chance to be heard on the same. The Applicant seeks that:-a.Spent;b.Spent;c.The Honourable Court, in exercise of its supervisory powers calls for the sub-ordinate court file in Kiambu Chief Magistrate’s Court Criminal Case No 3097 of 2023, Republic v Mary Wanjiru Wangechi in order to examine and satisfy itself as to the correctness, legality and propriety of the orders issued on 30thNovember, 2023 reducing the Respondent’s bond terms to Kes1,000,000/= from Kes5,000,000/= by Hon. N. Nganga, RM.d.That this honourable court having satisfied itself on the incorrectness and inappropriateness of the orders of Kiambu Chief Magistrate’s Court Criminal Case No E3097 of 2023, R v Mary Wanjiru Wangechi issued on 30th November, 2023 by Hon. Nganga, RM proceeds to set the orders and maintains the bond terms as set on 8th November, 2023 at Kes5,000,000/= plus one surety of a similar amount.
2. The application is premised on the grounds set out on its face and supporting affidavit sworn by No.72632 Sergent Abubakar Mohamed on December 20, 2023.
3. Upon being served with the application and supporting affidavit, the respondent/accused responded by filing a replying affidavit alongside a notice of motion application dated December 27, 2023 seeking to have the orders issued on December 20, 2023 set aside.
4. On 4th April, 2-24, the respondent filed an application seeking to withdraw their application dated December 27, 2023 and opposition to the prosecution’s application and revert to the earlier position where she had been granted bail/bond terms of Kenya shillings Five Million (Kes5,000,000/=) following a letter from her counsel, Mr. Swaka to the Deputy Registrar, Kiambu Law Courts dated March 14, 2024.
5. The counsel for the complainant, Mr. Lunguhya has responded to the application by filing grounds of opposition dated April 5, 2024. When the matter came up for mention for parties to take directions, counsel for the respondent/accused indicated that they wish to concede with the application for revision dated December 20, 2023.
6. The applicant/prosecution and complainant’s counsel were not opposed to the application. In view of the said concession, the notice of motion application dated April 4, 2024 be and is hereby allowed with the following orders issuing:-a.The respondent/accused, having conceded to the revision application dated December 20, 2023, the orders issued by Hon. N. Nganga, RM in Kiambu Chief Magistrate’s Criminal Case No.E3097 of 2023, Republic v Mary Wanjiru Wangechi on November 30, 2023 are hereby set aside and the bond terms set at Kes5,000,000/= plus one surety of a similar amount on 8th November, 2023 be maintained.b.The notice of motion and replying affidavit, both dated December 27, 2023 and filed by the respondent/accused be and are hereby marked as withdrawn.c.The original record of proceedings (lower Court file) to be remitted back to the trial court for necessary action.
It is so ordered.
RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 8TH DAY OF APPRIL, 2024. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Gacharia counsel for ApplicantM/S Kamau holding brief for Mr. Swaka for the RespondentMr. Arthur Lungahya counsel for ComplainantCourt Assistant - Martin