[2012] KEHC 4954 (KLR)
The court found that the Deputy Registrar misapprehended the law by refusing to accept a title deed as security for bail on the basis that it relates to immovable property. The court clarified that Section 131(2) of the Criminal Procedure Code does not outlaw the use of title deeds or documents relating to immovable...
Source-derived case information.
- Citation
- [2012] KEHC 4954 (KLR)
- Parties
- Defendant: Peter Mwangi Muthoni; Defendant: John Karuri Kimari; Defendant: John Njora Irungu; Defendant: Wilson Mani Gachuchia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2011
- Procedural Posture
- Criminal Case / Ruling on Revision of Bond Security Approval
- Outcome
- Order of Deputy Registrar set aside; title deed to be accepted as security for bail.
- Judges
- JK Sergon
- Legal Topics
- Bail and Bond, Security for Release, Title Deeds as Security
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Mwangi Muthoni
Defendant
John Karuri Kimari
Defendant
John Njora Irungu
Defendant
Wilson Mani Gachuchia
Defendant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Revision of Bond Security Approval
Legal Issues
- 1 Whether the Deputy Registrar erred in refusing to accept a title deed as security for bail/bond pending trial.
- 2 Whether Section 131(2) of the Criminal Procedure Code prohibits the use of title deeds or documents relating to immovable property as security for bail.
Ratio Decidendi
The court found that the Deputy Registrar misapprehended the law by refusing to accept a title deed as security for bail on the basis that it relates to immovable property. The court clarified that Section 131(2) of the Criminal Procedure Code does not outlaw the use of title deeds or documents relating to immovable property as security for bail. Consequently, the order made by the Deputy Registrar on 15th December 2011 was set aside, and the Deputy Registrar or any other Deputy Registrar was directed to accept the title deed as sufficient security to enable the accused to secure their freedom on bond or bail pending trial.
Court Disposition
Order of Deputy Registrar set aside; title deed to be accepted as security for bail.
Orders
- The order made on 15th December 2011 by the Deputy Registrar is set aside.
- The Deputy Registrar or any other Deputy Registrar is directed to accept the title deed as sufficient security for the accused's release on bond/bail pending trial.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
CRIMINAL CASE NO. 10 OF 2011
PETER MWANGI MUTHONI.……..….…………..........................………………....1ST ACCUSED
JOHN KARURI KIMARI............................................................................................ 2ND ACCUSED
JOHN NJORA IRUNGU............................................................................................ 3RD ACCUSED
WILSON MANI GACHUCHIA................................................................................... 4TH ACCUSED
VERSUS
REPUBLIC………………..….………………........................…………………....... RESPONDENT
RULING ON REVISION
The proceedings of the Deputy Registrar of this court relating to the approval of the security for release of the accused person on bond/bail pending trial were placed before this court underSection 362of the Criminal Procedure Code.
I have perused the aforesaid proceedings. It is clear that M/s Wambilyanga, learned Deputy Registrar, stated in her ruling that she will not approve the provision of a title deed as security because the same relates to immovable property contrary toSection 131(2)of the Criminal Procedure Code. With respect, the learned Deputy Registrar misapprehended the point. The law did not outlaw the giving of neither title deeds nor documents relating to immovable property as security. The order made on 15th December 2011 is set aside. The aforesaid Deputy Registrar or any other Deputy Registrar is directed to accept the aforesaid title as sufficient security to enable the accused secure his freedom on bond/bail pending trial.
Dated and delivered at Nyeri this 3rd January 2012.
J. K. SERGON
JUDGE