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Kenya decisions
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Republic v Violet Khanali [2021] KEHC 4012 (KLR)
The High Court dismissed an application to reinstate bond after the accused had failed to attend court for about five years without a credible explanation.
Office of the Director of Public Prosecutions v Leonard Kipsang Changtoek [2020] KEHC 4183 (KLR)
The High Court revised a magistrate’s order reinstating bail, finding the accused was a flight risk after absconding and that the reinstatement rewarded wrongdoing.
Benson Kiprop Cheburet v Republic [2017] KEHC 4027 (KLR)
The High Court found that the trial court erred in both suspending and cancelling the accused's bail and bond terms without sufficient basis. The accused was not present when the ruling on case to answer was delivered, and subsequent proceedings, including the issuance of a warrant of arrest and cancellation of bond, occurred without proper notice or evidence that the accused had willfully absconded. The court emphasized that fairness and due process require that adverse orders affecting an accused's liberty be made only after proper notice and opportunity to be heard. As such, the High Court…
Source excerpt
Simon K. Wanuthia & Grace W. Mutumwo v Republic [2014] KEHC 575 (KLR)
The High Court rejected prayers to stop criminal prosecutions and to consolidate separate cases, but directed the 1st applicant to renew bail reinstatement before the trial court.
GICHEMA GACHAU v REPUBLIC [2002] KEHC 345 (KLR)
The High Court reinstated the applicant’s bond after finding his failure to attend court was not deliberate and that the prosecution did not oppose the request.
JOSEPH KAROBIA KIMANI vs REPUBLIC OF KENYA [1998] KEHC 277 (KLR)
The High Court reinstated the applicant’s bail, finding his non-appearance was excused because he was in lawful custody when the matter was mentioned.
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