[2019] KEHC 11408 (KLR)
The court found that the original prohibition order preventing the accused from accessing Kenyatta National Hospital was imposed to preserve the integrity of the trial. However, since the interdictions have been lifted, the accused are required to resume their duties at the hospital, and the trial court has already...
Source-derived case information.
- Citation
- [2019] KEHC 11408 (KLR)
- Parties
- Applicant: Republic; Respondent: Priscilla Wairimu Njeru; Respondent: Godfrey Muriithi Gachora; Respondent: Mary Muthoni Kamau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 70 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bond Terms Variation
- Outcome
- application allowed
- Judges
- AM Cockar
- Legal Topics
- Bail Variation, Bond Terms, Pretrial Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Priscilla Wairimu Njeru
Respondent
Godfrey Muriithi Gachora
Respondent
Mary Muthoni Kamau
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Terms Variation
Legal Issues
- 1 Whether the bond terms prohibiting the accused from accessing Kenyatta National Hospital should be varied to allow them to resume their duties.
- 2 Whether the lifting of interdiction by the hospital constitutes sufficient grounds to lift the prohibition order.
Ratio Decidendi
The court found that the original prohibition order preventing the accused from accessing Kenyatta National Hospital was imposed to preserve the integrity of the trial. However, since the interdictions have been lifted, the accused are required to resume their duties at the hospital, and the trial court has already visited the scene and heard material witnesses, the rationale for the prohibition no longer exists. The accused have complied with all bond terms for over two and a half years. In light of these developments, the court determined that it is just and equitable to lift the prohibition order and allow the accused to access the hospital and resume their normal duties.
Court Disposition
application allowed
Orders
- The prohibition order preventing the 1st, 2nd, and 4th accused from accessing Kenyatta National Hospital is lifted.
- The order requiring the accused to report to the Officer Commanding Kilimani Police Station is lifted.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL CASE NO. 70 OF 2016
REPUBLIC.......................................................................PROSECUTOR
V E R S U S
PRISCILLA WAIRIMU NJERU……..........……................1ST ACCUSED
GODFREY MURIITHI GACHORA…….....……………..2ND ACCUSED
ROSEMARY NKONGE………………..…..……………...3RD ACCUSED
MARY MUTHONI KAMAU….…………………………..4TH ACCUSED
RULING ON BOND TERMS VARIATION
1. The accused Nos. 1, 2 and 4 by a Notice of Motion dated 24th April 2019 brought under Article 50 of Constitution sought one order as follows:
That the bail and bond terms be varied for us to be able to access the hospital and continue with our normal duties pending hearing and determination of the matter.
2. The application is based on the grounds on the face of the application namely:
(1) That on 16th of May 2018 the court did visit the scene of crime and a hearing was conducted.
(2) That we have complied with the bail bonds and terms.
(3) That we have received a letter dated 3rd April, 2019 from the Kenyatta National Hospital lifting the interdiction.
(4) That I am therefore required to my duty station which requires me to access the hospital.
(5) That it is just and equitable to grant the prayers granted.
3. The application is supported by an affidavit sworn by Godfrey Muriithi Gachora, the 2nd accused and annexures thereto.
4. Mr. Ndolo, holding brief for Mr. Ombetta, Counsel for the accused Applicants urged that at the time this court granted bond to the accused persons it made as part of the terms of bond an order prohibiting the accused persons from visiting Kenyatta National Hospital where the incident occurred. Counsel urged that the accused have had their interdictions lifted by the Hospital and are required back to work.
5. Ms. Onunga holding brief for Mr. Mwalike for the Prosecution stated that she had just been served with the Notice of Motion by the defence and was not in a position to make any contribution to it as his colleague was unaware of the application and therefore could not give any directions. Counsel left the matter to the court to decide.
6. I have considered the application. The bond was granted by this court. However this case is being heard by another judge who has heard some witnesses and even visited the locus in quo.
7. The order granting the accused bail on terms was issued by this court on 14th November, 2016. Under Order 3 certain terms were imposed as part of the bond concluding paragraph 3(c) which prohibited the accused from visiting the hospital where the incident occurred.
8. It has been more than two and a half years since the prohibition order was made. The accused have obeyed the said order. The letters lifting of the interdictions of all three accused/applications are annexed to the affidavit sworn in support of this application. It is dated 3rd April, 2019.
9. The purpose of the prohibitions order was to ensure the accused did not return to the locus in quo in order to preserve the integrity of the case. The court has noted that the trial court visited the scene and has heard material witnesses from that place. In light of the development in this case, the prohibition order is no longer necessary.
10. I will allow the application by the three 1st, 2nd and 4th accused, and accordingly lift the order No.3 (c) together with the order to report to the Officer Commanding Kilimani Police Station. The order should be extracted and served, inter alia, to the OCS Kilimani Police Station for his information.
DATED, SIGNED AND DELIVERED THIS 20TH DAY OF MAY, 2019.
LESIIT J
JUDGE