[2024] KEHC 8802 (KLR)
The High Court found that the trial court's order was contradictory because it simultaneously granted the state seven days to detain the respondents for investigation and also granted bond to the respondents. This contradiction rendered the order unclear and unworkable, as the purpose of pretrial detention would be...
Source-derived case information.
- Citation
- [2024] KEHC 8802 (KLR)
- Parties
- Applicant: Republic; Respondent: Joseph Munyao Musembi alias Meshack Matina; Respondent: Anne Mutheu Ngovo alias Mary Nzilani Mwaniki; Respondent: Sheddy Kakai Kalusi; Respondent: David Bembe alias Wilson Rono Kirui; Respondent: Permenus Kasamba alias Christopher Okero
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E238 of 2024
- Procedural Posture
- Miscellaneous Criminal Case / Ruling on Revision Application
- Outcome
- Application for revision allowed; bond order set aside; respondents to be detained for seven days.
- Judges
- RK Limo
- Legal Topics
- Pretrial Detention, Revisionary Jurisdiction, Bond and Bail, Contradictory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Munyao Musembi alias Meshack Matina
Respondent
Anne Mutheu Ngovo alias Mary Nzilani Mwaniki
Respondent
Sheddy Kakai Kalusi
Respondent
David Bembe alias Wilson Rono Kirui
Respondent
Permenus Kasamba alias Christopher Okero
Respondent
Procedural Posture
Miscellaneous Criminal Case / Ruling on Revision Application
Legal Issues
- 1 Whether the trial court's order granting both pretrial detention and bond was contradictory and unclear.
- 2 Whether the High Court should exercise its revisionary powers to set aside the bond order and clarify the detention period.
Ratio Decidendi
The High Court found that the trial court's order was contradictory because it simultaneously granted the state seven days to detain the respondents for investigation and also granted bond to the respondents. This contradiction rendered the order unclear and unworkable, as the purpose of pretrial detention would be defeated if the respondents were released on bond. Exercising its revisionary jurisdiction under Section 362 of the Criminal Procedure Code, the High Court set aside the bond order and directed that the respondents be held in custody for seven days from the date of the ruling to facilitate investigations, after which they would be produced before the trial court for further...
Court Disposition
Application for revision allowed; bond order set aside; respondents to be detained for seven days.
Orders
- The order for bond granted by the trial court is set aside.
- The respondents shall be held in custody for seven days from the date of this ruling.
Full Case Text
Judgment text and source record
27 paragraphs
Republic v Musembi & 4 others (Miscellaneous Criminal Case E238 of 2024) [2024] KEHC 8802 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8802 (KLR)
Republic of Kenya
In the High Court at Kitui
Miscellaneous Criminal Case E238 of 2024
RK Limo, J
July 23, 2024
Between
Republic
Applicant
and
Joseph Munyao Musembi alias Meshack Matina
1st Respondent
Anne Mutheu Ngovo alias Mary Nzilani Mwaniki
2nd Respondent
Sheddy Kakai Kalusi
3rd Respondent
David Bembe alias Wilson Rono Kirui
4th Respondent
Permenus Kasamba alias Christopher Okero
5th Respondent
Ruling
1. This court has considered the application by the ODPP (state) and the response by the subject (Respondents). I have called for the Lower Court file Kitui CMCC Misc. E019/2024.
2. The order given by court on 22nd July 2024 is not very clear and contradictory because while the trial magistrate granted the state 7 days to carry out investigation while having the subjects in custody, there seems to be a contradiction because the trial court also gave bond of Kshs. 80,000/= each with surety to the subjects therefore defeating the purpose for detention.
3. In the premises this court invokes its revisionary powers under Section 362 of the Civil Procedure Code and sets aside the order for bond.
4. In its place, the subjects will now be held for 7 days from today and will be produced in the trial court on 30th July 2024 for further orders from that court.
DATED, SIGNED AND DELIVERED AT KITUI THIS 23RD DAY OF JULY, 2024HON. JUSTICE R. K. LIMOJUDGE