[2023] KEHC 21131 (KLR)
The court found that the respondent was released on police cash bail and instructed to appear in court on June 15, 2023, as indicated in the receipt. The charge and file were taken to court on June 14, 2023, a day earlier than the date communicated to the respondent. The respondent was not present on June 14, 2023,...
Source-derived case information.
- Citation
- [2023] KEHC 21131 (KLR)
- Parties
- Applicant: Republic; Respondent: Abdallah Safari
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E023 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- forfeiture order vacated; cash bail to be refunded
- Judges
- SM Githinji
- Legal Topics
- Bail Forfeiture, Cash Bail Refund, Criminal Revision Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Abdallah Safari
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the forfeiture of the respondent's cash bail of KES 10,000 was proper in the circumstances.
- 2 Whether the cash bail should be refunded to the depositor after the matter was concluded.
Ratio Decidendi
The court found that the respondent was released on police cash bail and instructed to appear in court on June 15, 2023, as indicated in the receipt. The charge and file were taken to court on June 14, 2023, a day earlier than the date communicated to the respondent. The respondent was not present on June 14, 2023, but appeared as instructed on June 15, 2023, and explained his absence. Since the respondent complied with the instructions given to him and the matter is now concluded, the forfeiture of the cash bail was not justified. The court therefore vacated the forfeiture order and directed that the cash bail be refunded to the depositor.
Court Disposition
forfeiture order vacated; cash bail to be refunded
Orders
- The order forfeiting the cash bail of KES 10,000 is hereby vacated.
- The cash bail shall be refunded to the depositor.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Safari (Criminal Revision E023 of 2023) [2023] KEHC 21131 (KLR) (2 August 2023) (Ruling)
Neutral citation: [2023] KEHC 21131 (KLR)
Republic of Kenya
In the High Court at Malindi
Criminal Revision E023 of 2023
SM Githinji, J
August 2, 2023
Between
Republic
Prosecutor
and
Abdallah Safari
Respondent
(From Original Conviction and Sentence in Criminal Case No.E012 of 2023 of the Magistrate’s Court at Mariakani)
Ruling
Coram: Hon Justice S.M Githinji 1. I have noted that this matter is for review on issue of a forfeited cash bail of 10,000/=.
2. The applicant had been released by police on cash bail of 10,000/= was issued with a receipt No 1656874 on June 4, 2023. He was instructed as indicated in the receipt to appear before the court on June 15, 2023. However, the charge and file were taken to court on June 14, 2023. The applicant was not in court then and the cash bail was forfeited to the state.He appeared on the given date, the June 15, 2023 and explained.
3. However, since the matter is now concluded, the said cash bail forfeiture order is hereby vacated. The cash bail should be refunded to the depositor.
DATED, SIGNED AND DELIVERED AT MALINDI THIS 2NDDAY OF AUGUST, 2023…………………………………………………S.M. GITHINJIJUDGE2/8/2023