[2009] KEHC 700 (KLR)
The High Court found that the lower court's insistence on a surety for Lucy Kathure, despite her willingness to execute a bond for good behaviour, was unjust in the circumstances. Exercising its revisionary jurisdiction, the court set aside the requirement for a surety and ordered her release upon execution of a...
Source-derived case information.
- Citation
- [2009] KEHC 700 (KLR)
- Parties
- Applicant: Patrick Mwangiri; Applicant: Alex Murerwa; Applicant: Franklin Mwiti; Applicant: Jeremiah Mwenda; Applicant: Silas Nderi; Applicant: Julius Gichunge; Applicant: Lucy Kathure; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 5 of 2009
- Procedural Posture
- Criminal Revision / Application for Revision of Lower Court Order
- Outcome
- Order of the lower court requiring surety set aside for Lucy Kathure; she to be released on execution of personal bond.
- Judges
- MM Kasango
- Legal Topics
- Revision of Magistrate Orders, Bond Conditions, Personal Bond, Release on Bond
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Mwangiri
Applicant
Alex Murerwa
Applicant
Franklin Mwiti
Applicant
Jeremiah Mwenda
Applicant
Silas Nderi
Applicant
Julius Gichunge
Applicant
Lucy Kathure
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Application for Revision of Lower Court Order
Legal Issues
- 1 Whether the lower court's order requiring Lucy Kathure to provide a surety for her bond was proper.
- 2 Whether Lucy Kathure should be released on a personal bond for good behaviour.
Ratio Decidendi
The High Court found that the lower court's insistence on a surety for Lucy Kathure, despite her willingness to execute a bond for good behaviour, was unjust in the circumstances. Exercising its revisionary jurisdiction, the court set aside the requirement for a surety and ordered her release upon execution of a personal bond of Kshs. 200,000 for good behaviour for one year. The decision was based on the principle that the court should not impose unduly onerous conditions where a personal bond suffices to secure compliance and justice.
Court Disposition
Order of the lower court requiring surety set aside for Lucy Kathure; she to be released on execution of personal bond.
Orders
- The order made by Meru Magistrate’s Court in CM. Criminal Misc. No. 29 of 2009 on 10th July 2009 is set aside only in so far as it affects Lucy Kathure.
- Lucy Kathure to be released once she executes a personal bond of Kshs. 200,000 for her good behaviour for a period of one year with effect from 10th July 2009.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU Criminal Revision 5 of 2009
PATRICK MWANGIRI …………………………………………………. 1ST APPLICANT
ALEX MURERWA ……………………………………………………… 2ND APPLICANT
FRANKLIN MWITI ……………………………………………………… 3RD APPLICANT
JEREMIAH MWENDA …………………………………………………. 4TH APPLICANT
SILAS NDERI …………………………………………………………… 5TH APPLICANT
JULIUS GICHUNGE …………………………………………………… 6TH APPLICANT
LUCY KATHURE ………………………………………………………. 7TH APPLICANT
VERSUS
REPUBLIC ………………………………………………………………. RESPONDENT
REVISION
Before Hon. Lady Justice Mary Kasango in chambers
This matter has been referred to me with a view to revising the lower court’s order of 10th July 2009, in respect of the 7th accused person, namely LUCY KATHURE. Lucy Kathure alongside six others were presented before the Meru Magistrate’s court to show cause why they should not be required to execute bonds for their good behaviour. On 10th July 2009, Lucy Kathure accepted to execute a bond but was unable to raise a surety as ordered by the lower court.
I hereby revise and set aside the order made by Meru Magistrate’s Court in CM. Criminal Misc. No. 29 of 2009 on 10th July 2009 only in so far as it affects Lucy Kathure and I do hereby order LUCY KATHURE to be released once she executes a personal bond of Kshs. 200,000/= for her good behaviour for a period of one year with effect from 10th July 2009.
Dated this 9th October 2009.
MARY KASANGO
JUDGE