[2023] KEHC 26889 (KLR)
The court found that the accused person, Bonface Wanjie Muriithi, was confirmed deceased as evidenced by a valid Certificate of Death. As a result, the criminal proceedings against him could not continue and were required to abate. The court further held that the surety deposited for the accused should be released...
Source-derived case information.
- Citation
- [2023] KEHC 26889 (KLR)
- Parties
- Applicant: Republic; Defendant: Bonface Muriithi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2014
- Procedural Posture
- Criminal Case / Ruling on Abatement Due to Death of Accused
- Outcome
- Case abated and marked as closed due to death of accused.
- Judges
- DO Chepkwony
- Legal Topics
- Abatement of Criminal Proceedings, Death of Accused, Release of Surety
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Bonface Muriithi
Defendant
Procedural Posture
Criminal Case / Ruling on Abatement Due to Death of Accused
Legal Issues
- 1 Whether the criminal proceedings should abate due to the death of the accused person.
- 2 Whether the surety deposited should be released to the surety.
Ratio Decidendi
The court found that the accused person, Bonface Wanjie Muriithi, was confirmed deceased as evidenced by a valid Certificate of Death. As a result, the criminal proceedings against him could not continue and were required to abate. The court further held that the surety deposited for the accused should be released to the surety, Evangeline Movari N’nturimberia, as there was no longer any legal basis to retain it. The case was accordingly marked as closed and the surety ordered to be released forthwith.
Court Disposition
Case abated and marked as closed due to death of accused.
Orders
- The criminal case against Bonface Muriithi is abated and marked as closed.
- The surety deposited is to be released to Evangeline Movari N’nturimberia forthwith.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Muriithi (Criminal Case 11 of 2014) [2023] KEHC 26889 (KLR) (14 July 2023) (Ruling)
Neutral citation: [2023] KEHC 26889 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 11 of 2014
DO Chepkwony, J
July 14, 2023
Between
Republic
Prosecution
and
Bonface Muriithi
Accused
Ruling
1. The matter is for mention to confirm the accused person is deceased.
2. I have perused the court record and found a Certificate of Death No.0824891, dated November 15, 2021 indicating that one Bonface Wanjie Muriithi, who is the accused person herein is deceased, having died on October 16, 2021.
3. In the circumstances, the case hereby abates and is marked as closed.
4. The surety deposited herein by the surety to be released to Evangeline Movari N’nturimberia, the surety herein forthwith.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 14TH DAY OF JULY 2023. D.O CHEPKWONYJUDGEIn the presence of:M/S Valerie counsel for the StateMR. Borona counsel for the accused personCourt Assistant – Mwenda/Hamisi