[2022] KEHC 14859 (KLR)

Reingoti v Republic (Criminal Appeal E001 of 2021) [2022] KEHC 14859 (KLR) (Crim) (1 November 2022) (Ruling)

Neutral citation: [2022] KEHC 14859 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Appeal E001 of 2021

GL Nzioka, J

November 1, 2022

Between

Wilson Reingoti

Appellant

and

Republic

Respondent

Ruling

1. By a Notice of Motion application dated June 20, 2022, the applicant is seeking for bond terms issued in the Chief Magistrate’s Criminal Case No. 179 of 2017, at Makadara be reviewed or revised. He avers that, he is charged with the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act No. 3 of 2006. That, he was granted bond of, Kshs 300,000 plus one surety of like amount, but he was not given any cash bail terms.

2. He further avers that his Advocate applied for bond review but the trial court declined to allow the same; hence the application herein. He states that, he is a sole bread winner of his family, he is ailing as he suffers from chronic pneumonia and that he is a man of meager means. Further, he has no prior criminal records. That the complainant’s mother is using the denial of favourable bond terms to punish him because she knows the case will take long to be concluded. Furthermore the case has drained him since 2017 when he was arraigned in court.

3. However, the application was opposed on the grounds that;a.The applicant has not demonstrated any grounds to warrant review of the bond terms.b.The bond terms imposed by the lower court are legal and appropriate given the nature of the offence the applicant is charged with.c.The applicant has not demonstrated that, he has exhausted all avenues of bond review in the trial court.d.The application has no merit and ought to be dismissed.

4. The application was disposed off by oral address to the court and submissions filed entitled “accused persons submissions”. I note that those submissions are allegedly drawn and signed by the firm of Newton Isaac and Co. Advocates, Cargen House but they are not signed at all.

5. Be that as it were, the applicant allegedly relies on the provisions of; Article 49(1) (H), of the Constitution of Kenya, 2010 and section 123 of the Criminal Procedure Code to support his argument that he is entitled to reasonable bond terms. He also relies on the provisions of Judiciary Bond and Bail and Policy Guidelines, and the cases of; Republic-vs- John Kahindi Kavisa and 2 others (2020) eKLR, and Republic -vs- Danson Mgunya & Others (2010) eKLR.I have considered the application in the light of the materials placed before the court and I find as follows;-a.First and foremost, the application is incompetent in that, although it is seeking for review of bond terms, it does not state the number of the case in the trial court. Even more serious is the fact that, the applicant has not premised the application on any known provisions of the law.b.Secondly, and more fatal, the order(s) of the trial court sought to be reviewed is not availed. It is rather disturbing that, a matter filed by a professional lawyer can be conducted so casually. How can the court review orders it has no knowledge thereof.c.Thirdly, the prayers in the application are not laid in the traditional manner in which prayers are set, distinct of the grounds in support of the application and/or an affidavit in support thereof. A look and consideration of the application herein shows that, there are no distinct prayers. The averments in the application are factual matters, repeated in the affidavit in support of the application and in the submissions. I specifically note that, there is no prayer for the court to call for the lower court file for perusal or consideration of the impugned orders.

6. In the given circumstances I find that, the application herein is not tenable and cannot be considered on merit. I therefore dismiss the same accordingly.It is so ordered.

DATED, DELIVERED AND SIGNED ON THIS 1ST DAY OF NOVEMBER, 2022. GRACE L. NZIOKAJUDGE1/11/2022In the presence of:No appearance for the ApplicantMs Kigira for the RespondentMs Ogutu- Court Assistant