[2014] KEHC 8472 (KLR)
The court found that the applicant's failure to attend court without reasonable excuse justified the cancellation of his bond and the forfeiture of his cash bail. The forfeited cash bail of Kshs.200,000/- remains forfeited and cannot be reinstated. However, since the State did not oppose the applicant's release on...
Source-derived case information.
- Citation
- [2014] KEHC 8472 (KLR)
- Parties
- Applicant: Robert Odhiambo Okech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 136 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Reinstatement of Bond or New Bond Terms
- Outcome
- Application for reinstatement of bond dismissed; application for new bond terms allowed with conditions.
- Judges
- LK Kimaru
- Legal Topics
- Bail and Bond, Forfeiture of Security, Failure to Appear, Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Odhiambo Okech
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Reinstatement of Bond or New Bond Terms
Legal Issues
- 1 Whether the applicant's bond should be reinstated after forfeiture due to failure to attend court.
- 2 Whether the applicant should be granted new bond terms pending trial.
Ratio Decidendi
The court found that the applicant's failure to attend court without reasonable excuse justified the cancellation of his bond and the forfeiture of his cash bail. The forfeited cash bail of Kshs.200,000/- remains forfeited and cannot be reinstated. However, since the State did not oppose the applicant's release on bond pending trial, the court exercised its discretion to grant the applicant a new bond with stricter terms—specifically, a bond of Kshs.1,000,000/- with two sureties of the same amount—to secure his attendance at future hearings. The court emphasized that any further failure to attend would entitle the trial court to take appropriate action against the applicant.
Court Disposition
Application for reinstatement of bond dismissed; application for new bond terms allowed with conditions.
Orders
- The applicant's forfeited cash bail of Kshs.200,000/- shall remain forfeited to the State.
- The applicant is released on bond of Kshs.1,000,000/- with two sureties of the same amount pending trial.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APPLICATION NO.136 OF 2014
ROBERT ODHIAMBO OKECH…………………………………………....APPLICANT
VERSUS
REPUBLIC………………………………………………………………RESPONDENT
RULING
The Applicant, Robert Odhiambo Okech is charged with the offence of obtaining money by false pretencescontrary to Section 313 of the Penal Code. The trial is ongoing in the subordinate court. Pending the hearing and determination of the case, the Applicant had been released on cash bail of Kshs.200,000/-. He failed to appear in court during his trial. His bond was cancelled by the court on 23rd April 2013 and the cash bail of Kshs.200,000/- forfeited. The hearing of the case is yet to be concluded. The Applicant has made this application seeking to have his bond reinstated or alternatively new bond terms be issued. The State is not opposed to the Applicant being released on bond pending the hearing of the case provided appropriate terms are imposed to secure his attendance in court during the hearing of the case.
This court has considered the facts of this case. The trial court was indeed justified to cancel the Applicant’s bond due to his failure, without reasonable excuse, to attend court during the hearing of the case. The cash bail of Kshs.200,000/- that was forfeited to the State cannot be reinstated. It shall remain so forfeited. Since the State is not opposed to the Applicant being released on bond pending trial, the Applicant shall be released on bond with new terms. The new terms is that the Applicant is released on bond of Kshs.1,000,000/- with two sureties of the same amount. Should the Applicant again fail to attend court as required, the trial court shall be at liberty to deal with him appropriately. It is so ordered.
DATED AT NAIROBI THIS 18TH DAY OF NOVEMBER 2014
L. KIMARU
JUDGE