[2020] KEHC 5031 (KLR)
The court found that the applicant's extradition from Uganda after fleeing the jurisdiction demonstrated a real risk of absconding if released on bail. This constituted a compelling reason to deny bail, and the trial magistrate's decision was upheld as justified. The application for review was therefore rejected on...
Source-derived case information.
- Citation
- [2020] KEHC 5031 (KLR)
- Parties
- Applicant: Sospeter Wafula Mnjanja; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 75 of 2020
- Procedural Posture
- Criminal Review / Ruling on Application for Review of Bail Denial
- Outcome
- application for review of bail denial rejected
- Judges
- SN Riechi
- Legal Topics
- Bail Application, Flight Risk, Extradition, Right to Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sospeter Wafula Mnjanja
Applicant
Republic
Respondent
Procedural Posture
Criminal Review / Ruling on Application for Review of Bail Denial
Legal Issues
- 1 Whether the applicant should be granted bail pending trial despite previous denial by the trial court.
- 2 Whether the applicant's extradition from Uganda constitutes sufficient ground to consider him a flight risk.
Ratio Decidendi
The court found that the applicant's extradition from Uganda after fleeing the jurisdiction demonstrated a real risk of absconding if released on bail. This constituted a compelling reason to deny bail, and the trial magistrate's decision was upheld as justified. The application for review was therefore rejected on the basis that the applicant remained a flight risk and no new circumstances warranted a different outcome.
Court Disposition
application for review of bail denial rejected
Orders
- The application for review is rejected.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CRIMINAL REVIEW NUMBER 75 OF 2020
SOSPETER WAFULA MNJANJA...................................APPLICANT
VERSUS
REPUBLIC......................................................................RESPONDENT
R U L I N G
The applicant Sospeter Wafula Mnjanja is the accused in Busia Chief Magistrate’s Criminal Case Number 361 of 2020 Charged with Offence of Stealing Contrary to Section 268 (1) as read with Section 275 of the Penal Code.
He was arraigned before the Chief Magistrates. He has applied to be released on bail but his application was rejected. He then filed this application seeking review of the order on denial of bail and direct that accused be released on bail as it is a constitutional right.
The state opposes the application. Cpl John Chebii has filed a Replying Affidavit where he deponed that the accused, upon commission of the offence fled to Uganda. He depones that accused was extradited from Uganda.
I have considered the application and the Response from the investigating officer. It is clear that accused was extradited from Uganda by the assistance of Interpol to stand trial in Kenya. The fact that he was extradited from Uganda in my view still makes him a flight risk. I, therefore find that the decision by the learned trial magistrate to reject bond application was well merited and for good reason. The application for review is, therefore rejected.
Dated, signed and delivered at Bungoma this 4th day of May 2020.
......................
S N RIECHI
JUDGE