https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9225

Republic v Nyaga alias Karis Baite & 2 others (Criminal Case E009 of 2022) [2026] KEHC 9225 (KLR) (Crim) (30 June 2026) (Ruling) Neutral citation: [2026] KEHC 9225 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Criminal Criminal Case E009 of 2022 K Kimondo, J June 30, 2026 Between Republic Prosecution and Patrick Muriuki Nyaga alias Karis Baite 1st Accused Brenda Gatwiri Kinoti 2nd Accused Josphat Sankale 3rd Accused Ruling 1.This ruling relates to the oral application made on 16th June 2026 by the 2nd accused to lift a warrant of arrest issued on 15th June 2026 when she and the 2nd accused failed to attend court. 2.The two accused persons were first granted bail by the court (Bwonwonga J) on 14th September 2022 in the sum of Kshs 250,000 together with one surety of a similar amount. On 15th November 2022, the 3rd accused was granted bond in the same terms. 3.The hearing date of 15th June 2026 was scheduled by the Deputy Registrar on 24th March 2026. A written notice was made to the parties through an email of the same date. The republic had three witnesses in court. The trial collapsed because the 1st and 2nd accused as well as their counsel were absent. 4.To be fair to the 1st accused, it transpired that he was detained at the Nairobi Remand & Allocation Maximum Security Prison in a different case. In view of that detention, the warrant of arrest issued against the 1st accused on 15th June 2026 is hereby lifted. 5.Returning to the matter at hand, it appears that the 2nd accused conveniently stepped into open court well after the court had risen at 11:30 a.m. or thereabouts; and, she now claimed that she mistakenly went to the customer care desk. Following a mention before the Deputy Registrar later that day, the matter was fixed for mention on 16th June 2026. The 2nd accused reiterated her version of events and prayed for reinstatement of her bond. 6.The application is strenuously opposed by the republic. 7.I doubt very much that the 2nd accused was at the customer care desk. She never appeared at the virtual call over in the morning either. And surely, the customer care desk would have directed her to the open court. I am fortified because this is not a new case. 8.My view is that there is a pattern of failing to attend court by both the 1st and 2nd accused and their counsel. For instance, the two accused failed to attend virtual court sessions on 10th December 2024, 21st January 2025 and 8th December 2025. 9.The result is that directions could not be taken and this trial, which dates back to the year 2022, has never taken off. Needless to say the machinations by the 1st and 2nd accused prejudice the cause of justice and lead to witness fatigue. Justice must apply to all parties including the accused, the prosecution and the family of the victim. 10.Granted the above history, this would be a proper case to recall the bond for the 2nd accused. But I will temper justice with some mercy by reinstating the bond with the existing surety. The warrant of arrest issued on 15th June 2026 against the 2nd accused is hereby lifted. She is now cautioned on the record about her past breaches against the terms of her bond. She is equally reminded on the record that she must attend all mentions and hearings in this case. 11.Furthermore, and in the interests of justice, I now add the following new condition to her bond: She must attend a special mention before the Deputy Registrar of the Criminal Division at Nairobi once every three months the first such mention to be held on 30th July 2026 and until the conclusion of the trial or further orders of the court. In default, her bond will be cancelled and the surety called to account. It is so ordered. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 30TH DAY OF JUNE 2026.KANYI KIMONDOJUDGERuling read virtually on Microsoft Teams in the presence of-Accused.Ms. Kigira & Ms. Okusimba for the Republic instructed by the Office of the Director of Public Prosecutions.Mr. Lopkoiyot for the 2nd accused.Mr. Khavaghali for the 3rd accused.Mr. E. Ombuna, Court Assistant.