[2022] KEHC 15571 (KLR)
The court found that while forged documents had been presented by a hired surety, the accused, being in prison, could not have participated in the uttering of those documents. The negotiations and payment for the surety occurred outside the court precincts, and there was no evidence implicating the accused in the...
Source-derived case information.
- Citation
- [2022] KEHC 15571 (KLR)
- Parties
- Respondent: Republic; Applicant: Evans Omoka Khayati
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E039 of 2022
- Procedural Posture
- Criminal Case / Directions on Bond and Surety Authenticity
- Outcome
- Bond terms to stand; accused may present authentic surety for approval.
- Judges
- PJO Otieno
- Legal Topics
- Bail and Bond, Surety Verification, Forged Documents, Court Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Evans Omoka Khayati
Applicant
Procedural Posture
Criminal Case / Directions on Bond and Surety Authenticity
Legal Issues
- 1 Whether the accused should be denied bond due to the presentation of forged surety documents.
- 2 Whether the accused was involved in the uttering of forged documents to the court.
- 3 Whether the negotiations for hiring a surety outside court precincts affect the accused's bond terms.
Ratio Decidendi
The court found that while forged documents had been presented by a hired surety, the accused, being in prison, could not have participated in the uttering of those documents. The negotiations and payment for the surety occurred outside the court precincts, and there was no evidence implicating the accused in the impropriety. Therefore, there was no justification to withhold the bond terms already granted to the accused. The court directed that upon procurement of an authentic surety, the accused may present the same to the Deputy Registrar for approval.
Court Disposition
Bond terms to stand; accused may present authentic surety for approval.
Orders
- When the accused procures an authentic surety, the same may be presented to the Deputy Registrar for approval.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Khayati (Criminal Case E039 of 2022) [2022] KEHC 15571 (KLR) (3 November 2022) (Directions)
Neutral citation: [2022] KEHC 15571 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case E039 of 2022
PJO Otieno, J
November 3, 2022
Between
Republic
Prosecutor
and
Evans Omoka Khayati
Accused
Directions
1. The court has listened to the Counsel for the defence and prosecution and even took the testimonies of two family members of the accused person on how they allegedly lost some Kshs 24,500. 00 to a person who offered to stand surety for the accused.
2. The totality of the testimonies given by the two and the address by the defence Counsel sum up that the conversation and payment of money took place at their home and not within the court precincts.
3. The interest of the court in seeking to hear the parties was informed by the impression created to the court that use of fake certificates of title is rampant and almost routine matter in this court. It was a concern to court and therefore the court was of the view that interviewing the victims of impropriety would shed some light with a view to the court system designing an appropriate deterrence mechanism.
4. My concerns are now rested that the negotiations on how to hire a surety were outside court even though the hired surety did present to court documents which have proved forged.
5. I however appreciate that the accused being in prison would not to have participated in the uttering of the questioned documents to court and I infer no wrong doing upon him to justify withholding his request to enjoy the bond terms already granted to him.
6. It is therefore directed that when accused procures an authentic surety, the same may be presented to the Deputy Registrar for purposes of being approved.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 3RD DAY OF NOVEMBER 2022. PATRICK J. O. OTIENOJUDGEIn the presence of:Mr. Mbaka for the AccusedMs. Chala for the State/RespondentCourt Assistant: Polycap Mukabwa