[2025] KEHC 5094 (KLR)
The court found that the surety, Nicholas Nyambu Mwadime, was entitled to withdraw as surety for the accused, Cyprian Mnyasa Mwashori, especially since he no longer knew the accused's whereabouts and felt apprehensive. The court granted the oral application for withdrawal, ordered the discharge of the surety, and...
Source-derived case information.
- Citation
- [2025] KEHC 5094 (KLR)
- Parties
- Applicant: Republic; Defendant: Cyprian Mnyasa Mwashori
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E009 of 2024
- Procedural Posture
- Criminal Case / Ruling on Surety Withdrawal and Bond Cancellation
- Outcome
- Surety discharged; accused's bond cancelled; accused remanded until new surety is provided.
- Judges
- AN Ongeri
- Legal Topics
- Bail and Bond, Surety Withdrawal, Remand Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Cyprian Mnyasa Mwashori
Defendant
Procedural Posture
Criminal Case / Ruling on Surety Withdrawal and Bond Cancellation
Legal Issues
- 1 Whether the surety is entitled to withdraw from standing surety for the accused person.
- 2 Whether the accused person should be remanded in custody upon withdrawal of the surety.
- 3 What should happen to the documents deposited by the surety upon withdrawal.
Ratio Decidendi
The court found that the surety, Nicholas Nyambu Mwadime, was entitled to withdraw as surety for the accused, Cyprian Mnyasa Mwashori, especially since he no longer knew the accused's whereabouts and felt apprehensive. The court granted the oral application for withdrawal, ordered the discharge of the surety, and directed that all documents deposited by the surety be released to him. Consequently, the accused's bond was cancelled, and he was ordered to be remanded in custody until he secures another surety. The court's decision was guided by the principle that a surety may withdraw at any time if apprehensive, and that the accused must remain in custody if no surety is available.
Court Disposition
Surety discharged; accused's bond cancelled; accused remanded until new surety is provided.
Orders
- The surety is discharged from his obligations.
- The title deed and any document deposited are to be released to the surety.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Mwashori (Criminal Case E009 of 2024) [2025] KEHC 5094 (KLR) (24 March 2025) (Ruling)
Neutral citation: [2025] KEHC 5094 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Case E009 of 2024
AN Ongeri, J
March 24, 2025
Between
Republic
Prosecutor
and
Cyprian Mnyasa Mwashori
Accused
Ruling
1. Before this court is the Accused person’s surety Nicholas Nyambu Mwadime who has told the court that the Accused person wh ois his nephew moved away from home and he (the surety) does not know his current abode.
2. The defence counsel is asking the court to give the Accused person time to get another surety.
3. The surety has a right to withdraw if he feels apprehensive and his oral application to withdraw is granted.
4. The surety be and is hereby discharged and the title deed and any document deposited to be released to the surety.
5. The Accused person’s bond is cancelled forthwith.
6. The Accused person to be remanded in custody until he finds another surety.
DATED, SIGNED AND DELIVERED THIS 24TH MARCH 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Prosecutor: Mr. OgetoCourt Assistants: Maina/MillicentAccused present in court