[2018] KEHC 9945 (KLR)
The court found that the applicant's failure to attend court was due to an honest mistake and confusion regarding the venue of the trial, rather than a deliberate attempt to abscond. Both parties agreed on the circumstances leading to the nonattendance. The court exercised its discretion to set aside the order of...
Source-derived case information.
- Citation
- [2018] KEHC 9945 (KLR)
- Parties
- Applicant: Patrick Muturi Kaara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 708 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application to Set Aside Forfeiture of Cash Bail
- Outcome
- Application allowed; order of forfeiture set aside; cash bail reinstated.
- Judges
- LK Kimaru
- Legal Topics
- Bail Forfeiture, Judicial Discretion, Nonattendance of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Muturi Kaara
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application to Set Aside Forfeiture of Cash Bail
Legal Issues
- 1 Whether the trial court's order forfeiting the applicant's cash bail for nonattendance should be set aside.
- 2 Whether the applicant's explanation for failing to attend court constitutes sufficient cause for reinstatement of bail.
Ratio Decidendi
The court found that the applicant's failure to attend court was due to an honest mistake and confusion regarding the venue of the trial, rather than a deliberate attempt to abscond. Both parties agreed on the circumstances leading to the nonattendance. The court exercised its discretion to set aside the order of forfeiture and reinstate the cash bail, holding that justice would be served by allowing the applicant to continue on bail given the satisfactory explanation provided.
Court Disposition
Application allowed; order of forfeiture set aside; cash bail reinstated.
Orders
- The order issued by the trial court on 4th July 2018 forfeiting the cash bail is set aside.
- The applicant's cash bail is reinstated.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO.708 OF 2018
PATRICK MUTURI KAARA.........APPLICANT
VERSUS
REPUBLIC...................................RESPONDENT
RULING
The Applicant, Patrick Muturi Kaara is facing several charges before the trial magistrate’s court. The Applicant is out on bond pending his trial. On 4th July 2018, the Applicant failed to attend court. The trial court issued a warrant for his arrest. It also ordered the cash bail of Kshs.200,000/- that the Applicant had deposited in court to be forfeited to the State. The Applicant was aggrieved by this decision and has applied to this court to have the order of forfeiture set aside and the cash bail be reinstated. The Applicant explained his failure to attend court on the particular day was not deliberate but was, rather as, a result of confusion as to the venue of trial. The Applicant stated that on that particular day, he waited in open court for the trial court while proceedings were taking place in chambers. When he learnt that adverse orders had been issued against him, he immediately made the present application for reinstatement of the cash bail. It was for that reason that the Applicant was pleading with the court to exercise its discretion and reinstate his cash bail.
During the hearing of the application, this court heard oral submission made by Mr. Thuku for the Applicant and by Mr. Momanyi for the State. It was clear from their submission that they were in agreement that the Applicant had failed to attend the particular court due to confusion as regard the venue of the trial. This court formed the view that the Applicant made an honest mistake in failing to attend the particular court on that day. The Applicant persuaded this court that he was in the court’s precinct on the particular day and therefore his failure to attend the trial court in chambers was due to misapprehension of the venue of trial. In the premises therefore, this court is of the view that the Applicant has made a case for this court to reinstate his cash bail.
The order issued by the trial court on 4th July 2018 forfeiting the cash bail is hereby set aside and substituted by an order of this court reinstating the same. The matter shall be mentioned before the trial court on 10th December 2018 so that a suitable hearing date can be fixed. It is so ordered.
DATED AT NAIROBI THIS 6TH DAY OF DECEMBER 2018
L. KIMARU
JUDGE