The High Court in Meru reinstated the 3rd accused’s bond after he breached its terms by failing to attend court, noting his surety remained willing to stand.
The High Court at Meru reinstated the 3rd accused’s bond after he breached attendance terms, relying on his explanation and his father’s willingness to remain surety.
Slvester Njagi Ngugi v Republic [2018] KEHC 5091 (KLR)
Court
High Court
Case number
Miscellaneous Criminal Application 3 of 2018
The High Court dismissed an application to start a criminal trial de novo, transfer the case, and reinstate bond, citing unavailable witnesses and lack of merit.
Bernard Hinga Njogu v Republic [2018] KEHC 9142 (KLR)
Court
High Court
Case number
Miscellaneous Criminal Application 6 of 2018
Judge
LK Kimaru
The court found that the applicant had previously absconded from court for a significant period and only returned after a warrant of arrest was executed. Given that the prosecution had closed its case and the applicant was aware of the evidence against him, the incentive to abscond was high. The court held that the trial magistrate properly exercised discretion in cancelling the bail, and the applicant failed to demonstrate sufficient cause for reinstatement. The risk of further absconding outweighed the applicant's plea, especially considering the seriousness of the charge and the advanced s…
Nicasio Mwangi Kiura v Republic [2016] KEHC 3611 (KLR)
Court
High Court
Case number
Criminal Miscellaneous Application 17 of 2016
The High Court set aside cancellation of the applicant’s bail/bond, finding his non-attendance was beyond his control due to South Sudan travel restrictions.
ERICK OKINYO NYAKINA V REPUBLIC [2013] KEHC 3654 (KLR)
Court
High Court
Case number
Miscellaneous Criminal Case 95 of 2012
Judge
HK Chemitei
The High Court dismissed an application to transfer a criminal case for retrial, but reinstated the applicant’s bond after previous cancellation for non-attendance.