[2018] KEHC 9701 (KLR)
The court found that the previous order releasing cash bail to the advocate for the accused was premature, as it was not confirmed whether the funds belonged to the accused or the sureties. In the interest of justice and to avoid disadvantaging any party, the court reversed the earlier order and directed that a...
Source-derived case information.
- Citation
- [2018] KEHC 9701 (KLR)
- Parties
- Respondent: Republic; Defendant: Gideon Kipkoech Kimaiyo; Defendant: Miraj Paresh Shah; Defendant: Carolyne Mueni Muli
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 790 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Revision of Cash Bail Release Order
- Outcome
- Order for release of cash bail reversed; matter remitted for mention and confirmation before trial court.
- Judges
- J Wakiaga
- Legal Topics
- Bail and Bond, Cash Bail Release, Surety Rights, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Gideon Kipkoech Kimaiyo
Defendant
Miraj Paresh Shah
Defendant
Carolyne Mueni Muli
Defendant
Procedural Posture
Criminal Revision / Ruling on Revision of Cash Bail Release Order
Legal Issues
- 1 Whether the cash bail deposited on behalf of the 1st and 2nd accused should be released to their advocate or to the sureties who deposited the sums.
- 2 Whether the court should confirm the source and authority for release of the cash bail before making a final order.
Ratio Decidendi
The court found that the previous order releasing cash bail to the advocate for the accused was premature, as it was not confirmed whether the funds belonged to the accused or the sureties. In the interest of justice and to avoid disadvantaging any party, the court reversed the earlier order and directed that a mention be held before the trial magistrate in the presence of all relevant advocates and parties. This would allow confirmation of the true source and ownership of the cash bail before any release order is finalized. The court emphasized the need for procedural fairness and proper verification before making orders affecting the rights of third parties, such as sureties who claim...
Court Disposition
Order for release of cash bail reversed; matter remitted for mention and confirmation before trial court.
Orders
- The order of Hon. CM. Nzibe dated 17/8/2018 releasing cash bail to the advocate is reversed.
- A mention is to be held before Hon. Lucas Onyina in the presence of all relevant advocates to confirm the source of the bail funds.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
HIGH COURT CRIMINAL REVISION NO. 790 OF 2018
REPUBLIC....................................................PROSECUTOR
VERSUS
GIDEON KIPKOECH KIMAIYO...............1ST ACCUSED
MIRAJ PARESH SHAH...............................2ND ACCUSED
CAROLYNE MUENI MULI........................3RD ACCUSED
(From original conviction and sentence in Criminal Case No. 135 of 2017 of the Chief Magistrate’s Court at JKIA)
RULING
1. This file has been placed before me for revision under Section 362 of the Criminal Procedure Code vide letter dated 27th August 2018 by the Senior Principal Magistrate JKIA Law Courts in respect of an order made on 17th August 2018 in respect of release of the cash bail deposited on behalf of the 1st and 2nd accused persons who were acquitted.
2. Upon perusal of the said file I have noted that the accused persons stated in court that they had given the sureties money to pay on their behalf but the said sureties were not summoned to confirm the said position.
3. I have noted that the said sureties have now written to court demanding that the said sums of money be released to them on the strength of the deposit receipts held by the same.
4. In the interest of justice in this matter and so as not to disadvantage any party I hereby reverse the order of Hon. CM. Nzibe dated 17/8/2018 ordering the release of the cash bail deposited on behalf of the 1st and 2nd accused to their Advocate Mr. Elkington and substitute the same with a Mention before Hon. Lucas Onyina in the presence of Mr. Elkington, Mr. Fredrick Ooko Aketch and Mr. Jimi Nhlapo Masege for confirmation that the said sums were given to the sureties by the accused persons to deposit on their behalf before confirming the order issued herein.
5. This matter to be mentioned before the Deputy Registrar of this court on 14/9/2018 to close the file upon confirmation of the Mention date before SPM JKIA Law Courts.
DATED, SIGNED and DELIVERED at Nairobi this 30th day of August, 2018.
.........................
J. WAKIAGA
JUDGE