[2020] KEHC 2012 (KLR)
The court found that the prosecution's opposition to lifting the warrant was unrelated to the accused's lateness. Although the accused did not provide evidence for his explanation, the court exercised its discretion to give him the benefit of doubt in the interest of justice. The court cautioned the accused to...
Source-derived case information.
- Citation
- [2020] KEHC 2012 (KLR)
- Parties
- Applicant: Republic; Defendant: Musyoki Ndwiki
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2020
- Procedural Posture
- Criminal Case / Ruling on Application to Lift Warrant of Arrest
- Outcome
- Warrant of arrest lifted; accused cautioned.
- Judges
- BB Limo
- Legal Topics
- Warrant of Arrest, Bond Conditions, Court Attendance, Lateness, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Musyoki Ndwiki
Defendant
Procedural Posture
Criminal Case / Ruling on Application to Lift Warrant of Arrest
Legal Issues
- 1 Whether the warrant of arrest against the accused should be lifted due to his lateness in attending court.
- 2 Whether the accused provided a sufficient explanation for his lateness.
- 3 Whether the opposition by the prosecution was relevant to the issue of lateness.
Ratio Decidendi
The court found that the prosecution's opposition to lifting the warrant was unrelated to the accused's lateness. Although the accused did not provide evidence for his explanation, the court exercised its discretion to give him the benefit of doubt in the interest of justice. The court cautioned the accused to attend court punctually and avoid contact with prosecution witnesses, warning that any further breach would result in automatic bond cancellation.
Court Disposition
Warrant of arrest lifted; accused cautioned.
Orders
- The warrant of arrest against the accused is lifted.
- The accused is cautioned to attend court on time and avoid prosecution witnesses.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITUI
CRIMINAL CASE NO. 2 OF 2020
REPUBLIC..............PROSECUTOR
VERSUS
MUSYOKI NDWIKI.......ACCUSED
R U L I N G
1. This court has considered the plea by the accused person to have the warrant of arrest lifted. He was late on 28th October, 2020 when the matter was scheduled for mention to find out if a counsel had been appointed and further directions regarding trial. He later turned up in court at around 11. 00 am the same day and claimed that his lateness was caused by the breakdown of the vehicle he was travelling in. The ODPP opposed the lifting of the warrant of arrest but I have considered the grounds of opposition and find that the same are quite unrelated to the lateness of accused turning up in court. If the state have reasons as to why this court should cancel the bond altogether then they should make a formal application and this court will determine the issue on merit. For now though the accused person tendered no evidence to explain his lateness, this court is prepared to give him the benefit of doubt in the interest of justice.
2. He must have learnt his lesson by now but still this court hereby cautions him to ensure that he turns up in court on time whenever required an above stay clear of prosecution’s witnesses. Any further breach of any of the terms will automatically lead to cancellation of his bond.
Dated, SignedandDeliveredatKituithis3rdday of November, 2020.
R. K. LIMO
JUDGE