[2022] KEHC 919 (KLR)
The court found that the accused had failed to provide credible or sufficient evidence to justify her repeated absences from court. The medical document produced was illegible and did not substantiate her claim of illness. There was also no evidence provided regarding her sister's inability to accompany her. The...
Source-derived case information.
- Citation
- [2022] KEHC 919 (KLR)
- Parties
- Applicant: Republic; Respondent: Leah Wanjiru Wanyoike
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2017
- Procedural Posture
- Criminal Case / Ruling on Application for Reinstatement of Bond
- Outcome
- application dismissed
- Judges
- MM Kasango
- Legal Topics
- Bail and Bond, Failure to Attend Court, Application for Reinstatement, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Leah Wanjiru Wanyoike
Respondent
Procedural Posture
Criminal Case / Ruling on Application for Reinstatement of Bond
Legal Issues
- 1 Whether the accused has provided sufficient justification for her repeated failure to attend court as required by her bail terms.
- 2 Whether the accused's bond terms should be reinstated after being revoked due to non-attendance.
Ratio Decidendi
The court found that the accused had failed to provide credible or sufficient evidence to justify her repeated absences from court. The medical document produced was illegible and did not substantiate her claim of illness. There was also no evidence provided regarding her sister's inability to accompany her. The court held that the accused's conduct had caused unnecessary delay in the conclusion of the case. Consequently, the court was not convinced by the reasons advanced and dismissed the application for reinstatement of bond terms.
Court Disposition
application dismissed
Orders
- The notice of motion dated 25th January, 2022 is dismissed.
- A date shall be fixed for further hearing of the prosecution’s case.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 18 OF 2017
BETWEEN
REPUBLIC.........................................................................................PROSECUTOR
VERSUS
LEAH WANJIRU WANYOIKE...............................................................ACCUSED
RULING
1. LEAH WANJIRU WANYOIKE is charged with the offence of murder. On 29th May, 2017 she pleaded not guilty. On 9th May, 2017 the court granted the accused bail on condition she provides bond of Kshs.500,000 with one surety of similar amount. The proceedings of this matter reflects that on 11th October, 2017 the court noted:-
“The court notes that the accused has an infant who is 3 months old who was born while in remand. Consequently, the court varies the bail terms to bond of Kshs.300,000 and one surety of similar amounts”
2. The accused secured a surety and on that surety being approved by the court, she was released from remand.
3. Although the accused proposed to enter into plea bargain the same was not acceptable to the victim’s family.
4. The trial commenced and witnesses have testified in this case. The only remaining witness is the pathologist. The case was before court on 3rd March, 12th April, 14th June, 7th September, 2021, when the accused was absent. Again, on 13th October, and 10th November, 2021, the accused failed to attend court and warrant of arrest was issued against her. On 9th December, 2021, when accused attended court, she said:-
“I had difficulty in (sic) transport. I was late yesterday. I am sorry for being late.”
5. The court lifted the warrant of arrest but on 9th December, 2021 warrant of arrest was issued in absence of accused. The court ordered the accused to be remanded in custody. She has remained in custody to date.
6. Before court is application by the accused dated 25th January, 2022. Accused seeks reinstatement of her bond terms. Accused has based her application on the ground that she faithfully attended court several times except 17th December, 2019 and 7th September, 2021 when she arrived in court late and on 13th October, and 8th December, 2021 when she failed to attend court. Accused deponed that she has been sick for a long time and has been taking medicine which has been debilitating. Accused attached an illegible document which she described as medical report. She also deponed that due to her illness she had depended on her sister to accompany her to court but her sister after giving birth could not assist her.
ANALYSIS AND DETERMINATION
7. The accused when she was granted bail was required to attend court whenever the case was listed for hearing. She frequently failed to attend court which behaviour has caused delay in the conclusion of this case where the offence occurred in 2017.
8. The accused produced illegible document which she termed as medical record showing she has been unwell. She also deponed that her failure to attend court was when her sister gave birth and was unable to accompany her to court. There is no evidence of the accused being unwell to justify her failure to attend court and there is no evidence that her sister (whose identity was not disclosed) gave birth.
9. This Court is not at all convinced with the reasons given by the accused on her failure to attend court. It is because of the above that I order the notice of motion dated 25th January, 2022 be and is hereby dismissed.
10. At the reading of this Ruling, a date shall be fixed for further hearing of the prosecution’s case.
RULING DATED AND DELIVERED AT KIAMBU THIS 31ST DAY OF MARCH, 2022.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Mourice
For DPP :- Mr. Kasyoka
Accused : - Present
For accused : Mr. Kiunga
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE