[2022] KEHC 16528 (KLR)
The court found that the 1st accused's conduct—specifically, his failure to attend court while out on bond and the subsequent uttering of a forged document to justify his absence—constituted compelling reasons to deny the reinstatement of bond. The court emphasized that such behavior undermines the integrity of the...
Source-derived case information.
- Citation
- [2022] KEHC 16528 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Ochieng Oyombe; Defendant: Benson Muhindi Matsanza; Defendant: Jackson Wainaina Kamau
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2017
- Procedural Posture
- Criminal Case / Ruling on Application for Reinstatement of Bond
- Outcome
- application for reinstatement of bond dismissed
- Judges
- RB Ngetich
- Legal Topics
- Bail and Bond, Compelling Reasons, Failure to Attend Court, Forgery of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Evans Ochieng Oyombe
Defendant
Benson Muhindi Matsanza
Defendant
Jackson Wainaina Kamau
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Reinstatement of Bond
Legal Issues
- 1 Whether the 1st accused is entitled to reinstatement of bond after previous cancellation for non-attendance and uttering a forged document.
- 2 Whether the conduct of the 1st accused constitutes compelling reasons to deny bond.
Ratio Decidendi
The court found that the 1st accused's conduct—specifically, his failure to attend court while out on bond and the subsequent uttering of a forged document to justify his absence—constituted compelling reasons to deny the reinstatement of bond. The court emphasized that such behavior undermines the integrity of the judicial process and increases the risk of absconding. The previous cancellation of bond by Justice Meoli and the subsequent dismissal of a similar application by Justice Mary Kasango reinforced the seriousness of the accused's actions. The court concluded that none attendance of court and the use of false documents are sufficient grounds to deny bond, and therefore dismissed...
Court Disposition
application for reinstatement of bond dismissed
Orders
- Application for bond dated July 6, 2022 is dismissed.
- The accused to remain in custody until hearing and determination of this suit.
Full Case Text
Judgment text and source record
27 paragraphs
Republic v Oyombe & 2 others (Criminal Case 4 of 2017) [2022] KEHC 16528 (KLR) (15 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16528 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case 4 of 2017
RB Ngetich, J
December 15, 2022
Between
Republic
Prosecution
and
Evans Ochieng Oyombe
1st Accused
Benson Muhindi Matsanza
2nd Accused
Jackson Wainaina Kamau
3rd Accused
Ruling
1. This is a ruling on application dated July 6, 2022 filed by the 1st accused Evans Ochieng Oyombe, seeking reinstatement of bond. From the court record, the 1st accused’s bond was cancelled on July 31, 2019 by Justice Meoli for failing to attend court for trial and uttering fake documents.
2. Subsequently, the 1st accused made an application before Justice Mary Kasango for reinstatement of bond terms. The application was dismissed on November 18, 2021.
3. In the instant application, the 1st accused stated that he has been in custody since July 17, 2019 and he is remorseful and he now appreciates the importance of attending court.
4. The state counsel Mr Kasyoka did not oppose the application for bail.
5. Article 49 (1) (h) of the Constitutionprovide that an accused person is entitled to be released on reasonable bail terms unless there are compelling reasons.
6. The 1st accused while out on bond failed to attend court on July 3, 2019. Following his failure to attend court, the accused uttered a fake document from Texas Maximum Care to support his averments that he was undergoing minor surgery resulting in his absence in court. The letter was found to be a forgery upon probe by the court and the court proceeded to cancel the 1st accused’s bond.
7. In my view, the accused’s conduct after being released on bond; of failure to attend court and going ahead to utter false/fake document to explain absence is compelling reason to deny him bond. There are high chances that he may abscond trial. None attendance of court is a compelling reason to deny an accused bond.
8. Final orders: _1. Application for bond application dated July 6, 2022 is dismissed.2. The accused to remain in custody until hearing and determination of this suit.3. This matter to be on a priority basis.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 15TH DAY OF DECEMBER, 2022. ………………………………RACHEL NGETICHJUDGEIn the Presence of:Kinyua/Martin – Court AssistantsMr. Waweru holding brief for Juma for Accused 1Accused 1 – PresentMr. Kasyoka for State