[2022] KEHC 2156 (KLR)
The court held that the death of a surety terminates the surety's obligation to ensure the accused's attendance in court. Since the surety, Emily Gathigia Gikiri, died in 2015, her obligation under the bond abated with her death. There was no justification for the court to continue holding the security (title deed...
Source-derived case information.
- Citation
- [2022] KEHC 2156 (KLR)
- Parties
- Appellant: Salim Mohamed Karanja; Respondent: Republic; Applicant: Reuben Mwangi Gathigia
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 141 of 2011
- Procedural Posture
- Criminal Appeal / Ruling on Oral Application for Release of Surety Security
- Outcome
- application allowed
- Judges
- FN Muchemi
- Legal Topics
- Surety Bond Release, Death of Surety, Bond Obligations, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salim Mohamed Karanja
Appellant
Republic
Respondent
Reuben Mwangi Gathigia
Applicant
Procedural Posture
Criminal Appeal / Ruling on Oral Application for Release of Surety Security
Legal Issues
- 1 Whether the death of a surety abates the obligation to secure the attendance of the accused to court.
- 2 Whether the security held as bond should be released to the administrator of the deceased surety's estate.
Ratio Decidendi
The court held that the death of a surety terminates the surety's obligation to ensure the accused's attendance in court. Since the surety, Emily Gathigia Gikiri, died in 2015, her obligation under the bond abated with her death. There was no justification for the court to continue holding the security (title deed for L.R. Thegenge/Kianjogu/1179) that had been provided as surety. The court therefore allowed the oral application by the administrator of the deceased's estate and ordered the release of the security to the administrator.
Court Disposition
application allowed
Orders
- The title deed for L.R. No Thegenge/Kianjogu/1179 is to be released to the administrator Reuben Mwangi Gathigia.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL APPEAL NO. 141 OF 2011
SALIM MOHAMED KARANJA.........APPELLANT
VERSUS
REPUBLIC...........................................PROSECUTOR
RULING
1. This is a ruling on an oral application by one of the administrator of the estate of the surety of the accused herein one Emily Gathigia Gikiri. The applicant Reuben Mwangi Gathigia told the court that his mother died on 16/06/2015 having executed bond of Kshs.500,000/= in favour of the appellant herein Salim Mohamed Karanja in H.C.R Appeal No. 141 of 2011 on 10th January 2013. Reuben further stated that the appellant was only known to the deceased and not the rest of the family. He added that the family has filed succession proceedings in respect of their late mother’s estate and are desirous to have the security for L.R. Thegenge/Kianjogu/1179 released to them.
2. The background facts are that the appellant absconded bond before the court delivered judgement in this appeal and has not been traced to date. The respondent is still following up with the DCI Nyeri on the arrest of the appellant and has no objection to this application.
3. The purpose of a surety in executing bond is to ensure that the accused attends court when he is required to do so. It follows that the death of a surety brings to an end his/her obligation in regard to securing the attendance to court of the accused.
4. In the case before me, the surety died in 2015 and therefore her obligation abated with her death.
5. I find no good reason for this court to continue holding the security of the surety in the circumstances.
6. Consequently, I hereby allow the said oral application of the administrator in the estate of Emily Gathigia Gikiri.
7. It is hereby ordered that the title deed of the deceased for L.R. No Thegenge/Kianjogu/1179 be released to the administrator Reuben Mwangi Gathigia.
8. It is hereby so ordered.
DELIVERED, DATED AND SIGNED AT NYERI THIS 23RD DAY OF FEBRUARY, 2022.
F. MUCHEMI
JUDGE
RULING DELIVERED THROUGH VIDEO LINK THIS 23RD DAY OF FEBRUARY 2022