Republic v Dawa; Chebe (Interested Party) (Criminal Revision 1A of 2026) [2026] KEHC 9996 (KLR) (17 June 2026) (Judgment)

Republic v Dawa; Chebe (Interested Party) (Criminal Revision 1A of 2026) [2026] KEHC 9996 (KLR) (17 June 2026) (Judgment) Neutral citation: [2026] KEHC 9996 (KLR) Republic of Kenya In the High Court at Makadara Criminal Revision 1A of 2026 J Wakiaga, J June 17, 2026 Between Republic Prosecution and Ahmed Dime Dawa Respondent and Hussein Chebe Interested Party (Being a revision from the CMCCR NO E2945 of 2026 of the Chief Magistrate Court at Makadara) Judgment 1.This matter was referred to this court by the Chief Magistrate, in terms of the powers conferred to the court under the provision of Article 165 (6) of the Constitution, following a letter by the Advocate for the complainant dated 29th may 2026 and upon calling for the lower court file, the following facts were established: 2.He accused was charged with stealing contrary to section 268(1) the particulars of which were that on diverse dates between 1st February and 16 may 2026 at Moyale Wholesalers limited store located along the northern airport road in Embakasi jointly with others not before court stole kshs 7700 carton no gill oil bar soap valued at kshs 10.2 million the property of Hussein Hirbo Galcha . 3.He faced an alternative charge of handling stolen goods contrary to section 322 (1) (2) 0f the penal code the particulars of which were that on the 18th day of May 2026 at Moyale trading centre within Moyale county , otherwise than in the course of stealing dishonestly received and retained 424 cartons of Gil oil bar soap knowing or having reason to believe them to be stolen. 4.Of impotent to the matter before me, the accused took plea on the 22nd of May 2026 before Hon. Kimemia CM when a plea of not guilty was recorded and his Advocate Mr Sumba made an oral application for his admission to bond assisted by Mr.Kiptoo. 5.The court records show that the court ordered the parties to file affidavits on the issues raised and fixed the matter for 28th may 2026. Later Mr. Obore Advocate watching brief for the Complainant raised an issue on some motor vehicle which was at large and which was alleged to be an exhibit in the cause. 6.From the court records on 28th May 2026 the matter appeared before Hon Ndengeri PM who in the Makadara lingo the twin court with the trial court who was not sitting when Mr. Sumba for the accused raised the issue of some conflicting orders issued and the appearance of the Investigating Officer to clarify the same and the court directed that the matters be placed before the trial court on 29th May 2026. 7.On the said date the records show that the matter herein was consolidated with Criminal case noE290 of 2026 and the accused then co accused admitted to the charges and was duly convicted on his own plea of guilt and is waiting sentence on 19th June 2026. 8.By a letter dated 29th May 2026, the complaint’s Advocate on record Mr Obore raised a complaint to the Chief Magistrate and the Head of station raising concerns on how the matter herein was handled leading to the accused being granted bond in the evening of 28th may2026 allegedly in the absence of the parties herein and the Chief magistrate referred the matter to this court under its supervisory jurisdiction to enable the court deal with the appropriateness and regularity of the order granting bond. 9.The court directed that the parties be served to appear before the court for mention for directions thereon the lower court file having been placed before the court. 10.From the records herein , it is clear that the trial court granted bond /bail to the accused person on the strength of his letter dated 25th may 2025 and endorsed on 26th May 2026 a fact that has not been denied by the same . 11.When the matter came up before me, Mr Sumba and Mr. Kiptoo for the accused person submitted that they too were aggrieved by the manner the matter was handled and that there ought to have been a ruling thereon so as to tell the parties the basis upon which the court arrived at the decision herein and proposed that though the terms of the bond were excessive, this court should adopt the same and the parties be at liberty to raise any issue arising therefrom with the trial court. 12.Mr. Nandwa and Mr. Obore for the complainant on the other hand proposed that the said proceedings be vacated so as to put the parties at the position ante , which position was supported by MS. Kariuki. 13.Ms kibungi stated that before the trial court , she did not oppose bond but her prayers were that the court looks at the subject matter and give stringent bond terms and that the prosecution did not have any issues with the bond terms as granted by the court. 14.The supervisory powers of this court under article 165 (6)and (7) are meant to ensure the fair administration of justice and the court has a wide latitude thereon . 15.In this matter whereas the proceedings under which the accused was granted bond seems irregular as the court had before receipt of the said letter reserved the ruling thereon , the court records show that the prosecution and the complainant did not at the hearing objected to the grant of bond to the accused person with the only issue in dispute being the terms and conditions thereof. The other issue which was pending before the court was the investigation as to the orders allegedly issued by a court in Moyale in respect of the subject matter herein, which to my mind does not go to the root of the grant and or denial of the bond. 16.In the exercise of the powers granted to the court and the need for expeditious determination of matters and having heard all the parties herein, the court cannot be faulted for granting the orders herein, save for the fact that the same should have been given as a ruling of the court, so as to give any aggrieved party the right to either lodge an appeal or seek review. 17.Being a live to the powers of this court under section 362-364 of the criminal procedure code and having taken into account the submissions by Mr. Sumba and Mr. Kiptoo for the accused person , Mr. Nandwa and Mr. Obore on behalf of the complainant and Ms Kibungi and Ms Kariuki on behalf of the Prosecution and noting that the constitutional imperative is for the court to look at the substantive justice as opposed to procedural technicalities, I hereby regularized the proceedings before the trial court as 28th May 2026. 18.The order of bond /bail granted by the court on 26th may 2026 on the face of the letter written by the accused person shall reflect as proceedings of the court in chambers granted on 26th may 2026 are converted into a ruling of the said court and the bond /bails terms shall be as follows :a.Bond of Kenya Shillings five million with a surety of similar amountb.In the alternative cash bail of Kenya shillings one million with one contact person.c.In addition to the terms granted by the trial court, the accused shall during the period of trial not interfere with any of the prosecution witnesses.d.The accused shall not leave the jurisdiction of this court without the written consent of the court.e.The accused shall report before the Investigating Officer once after every 30 days with the first of such report being on the 30th day of June 2026 and thereafter at dates to be given by the investigating officer. 19.That the file to be placed before the trial court to enable the same deal with the issues of the conflicting court order issued in Moyale, the motor vehicle to be used as an exhibit and sentencing of the co-accused who had pleaded guilty to the charge, and for further orders on the hearing . 20.And it is ordered. DATED SIGNED AND DELIVERED THIS 17th DAY OF JUNE 2026J WAKIAGAJUDGEIn The Presence Of:Ms Kariuki……………………..…………………………………………..prosecutorMs Irene………………………………………………………………….court AssistantMr. Sumba/ Mr Kiptoo……………………………………. Counsel For AccusedMr. Obore / Mr. Nandwa…………………………. Counsel The Complainant