[2021] KEHC 654 (KLR)
The court found that despite the issuance and repeated extension of a warrant of arrest against the 2nd accused, she has not been apprehended or produced in court. The surety has also failed to fulfill their obligation to ensure the accused's attendance. The court emphasized the necessity of executing its orders,...
Source-derived case information.
- Citation
- [2021] KEHC 654 (KLR)
- Parties
- Applicant: Republic; Defendant: Dancan Livingstone Kimanthi; Defendant: Winnie Wanjiku
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 50 of 2021
- Procedural Posture
- Criminal Case / Directions After Part Heard; 2nd Accused Absent; Warrant Outstanding; Awaiting Compliance With Summons
- Outcome
- Directions issued; compliance with previous orders required before further substantive orders.
- Judges
- GL Nzioka
- Legal Topics
- Failure to Attend Court, Warrant of Arrest, Surety Liability, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dancan Livingstone Kimanthi
Defendant
Winnie Wanjiku
Defendant
Procedural Posture
Criminal Case / Directions After Part Heard; 2nd Accused Absent; Warrant Outstanding; Awaiting Compliance With Summons
Legal Issues
- 1 Whether the case against the 2nd accused should proceed in her absence or be withdrawn.
- 2 Whether the court's orders for the DCIO to be summoned have been executed.
- 3 Whether the surety for the 2nd accused has fulfilled their obligations.
Ratio Decidendi
The court found that despite the issuance and repeated extension of a warrant of arrest against the 2nd accused, she has not been apprehended or produced in court. The surety has also failed to fulfill their obligation to ensure the accused's attendance. The court emphasized the necessity of executing its orders, particularly the service of summons on the DCIO Kasarani, to facilitate the tracing of the 2nd accused. The Deputy Registrar was directed to ensure compliance, with a warning that failure to do so constitutes contempt. The court deferred final orders on the continuity of the matter pending confirmation of service and the DCIO's availability.
Court Disposition
Directions issued; compliance with previous orders required before further substantive orders.
Orders
- Deputy Registrar to ensure service of summons on DCIO Kasarani forthwith.
- Confirmation of service and DCIO's availability to be reported to the court.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
HIGH COURT CRIMINAL CASE 50 OF 2012
REPUBLIC...................................................................................................APPLICANT
VERSUS
DANCAN LIVINGSTONE KIMANTHI................................................1ST ACCUSED
WINNIE WANJIKU.................................................................................2ND ACCUSED
DIRECTIONS
1. Pursuant to the perusal of the record herein, I note that, the matter herein was brought to Court on 10th July 2012. So far, a total of twelve (12) witnesses have been heard between 26th May 2014, to 28th October 2015. On 1st March 2017, the 2nd accused was reported absent. A warrant of arrest was then issued against her. To date, she has not been arrested despite several extensions thereof, and notice to show cause to the surety on 29th July 2019, the Counsel for the 1st accused sought that, the case against the 2nd accused be withdrawn and that against the 1st accused proceeds. On the 15th October 2019, the 2nd accused’s surety sought for time the avail the 2nd accused but has not returned to court.
2. This matter is part-heard before Hon. Lady Justice R Koirir. There is need to establish whether the 2nd accused has been traced or not, to enable final orders be issued on the continuity of the matter. The Court ordered for DCIO Kasarani to be summoned to Court but summons were not served. Hon. Deputy Registrar has to ensure Court orders are executed. Failure to do so amounts to contempt. There should be confirmation of service of summons and the availability of the DCIO forthwith.
It is so directed.
DATED, DELIVERED VIRTUALLY AND SIGNED ON THIS 17TH DAY OF DECEMBER 2021.
GRACE L. NZIOKA
JUDGE
17th December 2021
In the presence of:
Ms Ogweno for the State
Mr Kangathi for the 1st accused
1st accused present
2nd accused – absent
Edwin Ombun – Court Assistant